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LSDefine

Simple English definitions for legal terms

Himalaya clause

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A quick definition of Himalaya clause:

A Himalaya clause is a provision in a bill of lading that extends the carrier's defenses and limitations under the Carriage of Goods by Sea Act to third parties, such as employees, agents, and independent contractors. This means that if something goes wrong during the transportation of goods, these third parties are also protected from liability. However, the clause must be strictly construed and interpreted.

A more thorough explanation:

A Himalaya clause is a provision in a bill of lading that extends the carrier's defenses and limitations under the Carriage of Goods by Sea Act to third parties, such as employees, agents, and independent contractors. This means that if a third party is sued for damages related to the carriage of goods, they can use the same defenses and limitations as the carrier.

For example, if a cargo owner sues a stevedore for damage to their goods during loading, the stevedore can use the carrier's defenses and limitations to limit their liability. However, Himalaya clauses must be strictly construed, meaning that they are interpreted narrowly and only apply to the specific third parties named in the clause.

In the case of Robert C. Herd & Co. v. Krawill Machinery Corp., the Supreme Court held that a Himalaya clause must be strictly construed. In this case, a passenger on a cruise ship named The Himalaya sued the master and boatswain for negligence because the carrier was contractually exempt from all liability. However, because the contract did not have a Himalaya clause, the plaintiff succeeded in their lawsuit.

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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