HIMALAYA CLAUSE
Himalaya clause. Maritime law. A provision in a bill of lading extending the carrier’s defenses and limitations under the Carriage of Goods by Sea Act to third parties, typically employees, agents, and independent contractors. ? The Supreme Court has held that this type of clause must be strictly construed. Robert C. Herd & Co. v. Krawill Machinery Corp., 359 U.S. 297, 79 S.Ct. 766 (1959). See CARRIAGE OF GOODS BY SEA ACT. [Cases: Shipping 140(1). C.J.S. Shipping ¡ì¡ì 300¨C311.]¡°The plaintiff was injured while a passenger on the cruise ship The Himalaya. She sued the master and the boatswain for their negligence because the carrier was contractually exempt from all liability. Because the contract did not have a ¡®Himalaya clause,¡¯ she succeeded. The carrier, having indemnified its employees, ultimately paid the damages. It thus lost its contractual exemption indirectly.¡± Michael J. Sturley, International Uniform Law in National Courts, 27 Va. J. Int’l L. 729, 740 n.101 (1987).
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