Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Himalaya clause

Read a random definition: perpetually renewable lease

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.

Hilton doctrine | hinc inde

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
you shouldn't apply to anywhere you wouldn't realistically go if it was your only offer
for sure, thank you a lot. Have fun at michigan that will be awesome!
NosyBeagle
17:13
it is 4pm here so it's time for nyt sudoku (I'm not good at sudoku either)
omg i just did the wordle and mini
NosyBeagle
17:14
love nyt games
SAMEEEEE
NosyBeagle
17:14
i do them in between studying to keep sane
@RasheedWallaceFan: take your list and research the city, campus, tuition, bar passage, employment by sector, etc.!!! it might help you narrow down your school choices
also don't pay much attention to the people on reddit. there's genuinely good advice but there's a ton of people who are just energy vampires (average reddit user)
@NosyBeagle: that is so real
me playing a mobile game after a 7sage section
NosyBeagle
17:26
i have or im gonna get the lsat blues
NosyBeagle
17:26
lol
17:30
I already have the LSAT blues... not as much as I am going to have between June 7 and June 25 though :P
17:31
The real reason why lawyers are alchoholics... Because there is so much of a wait time between tests and scores.
NosyBeagle
17:48
i already became one in undergrad so ill fit right in
Are the 7sage app requirements as far as essays go accurate? I would love to spend my summer preparing my applications but I dont want to waste time writing essays that wont be there. Is there a way to know what will be on the apps, or when those apps will be available to view? Or should I just focus on my PS and DS for now?
@RasheedWallaceFan: they were accurate for me, but school requirements change year to year and there's no way for anyone to know for sure
NosyBeagle
18:22
how far can i get if I type "please" on a word doc 500 times
okay sabrina carpenter
NosyBeagle
18:32
lmao
NosyBeagle
18:37
oh yeah my shift is almost over im gonna go to sleep immdiately
@RasheedWallaceFan: refer to school website, of course
@windyMagician: swagjacker
22:27
yall ever wish you were an all powerful dictator
22:27
i think id be a good dictator
22:27
whip this place into shape
0:11
this place is tamer than a petting zoo when all the animals are alseep
Buck-Mah-Futt
0:46
Get lit @llama https://soundcloud.com/torzx/1000a
Buck-Mah-Futt
0:49
The fighting temptation sample is so much better than the original https://www.youtube.com/watch?v=QVX_ZkLbIuk
LSD+ is ad-free, with DMs, discounts, case briefs & more.