Why is it called a Himalaya clause?
Why is it called a Himalaya clause?
Why is it called Himalaya? The Himalaya clause takes its name from the English case of Adler v Dickson*. Mrs Adler was a passenger on the P&O liner “Himalaya” who was seriously injured when the gangway she was walking down collapsed, throwing her to the dockside below.
What is Himalaya clause in shipping?
The Himalaya clause is utilized in a transportation contract or a bill of lading, and establishes rights for those who are a third party and not privy to provisions given by the contract. Its purpose is to grant the benefits provided to the carrier to other individuals such as stevedores and longshoremen.
What is the clause paramount on a bill of lading?
What is a clause paramount? A clause paramount is essentially a clause that incorporates a cargo liability regime, usually the Hague or Hague-Visby Rules (the Rules), into the subject charter. Such clauses are necessary as, under English law at least, the Rules are not compulsorily applicable to charterparties.
What is a lien clause?
According to the lien clause, if charterer has failed to make payments due to the shipowner under the terms of the charter-party, shipowner has a right of lien on the cargo. Shipowner may retain the cargo on board or in a warehouse ashore until the outstanding payment is made.
What does cogsa stand for?
Carriage of Goods by Sea Act
The Carriage of Goods by Sea Act (COGSA) is a deceptively simple statute. Section 4(5), which addresses the rights and immunities of the carrier and the ship, provides that “in any event,” a carrier’s liability exposure is limited to USD 500 per “package” or “customary freight unit.”
What is transhipment clause?
OWNERS SHALL AGREE TO LOAD AND DISCHARGE FROM/TO BARGES AND/OR BY SHIP-TO-SHIP TRANSFER AFTER PRIOR NOTICE IS GIVEN BY CHARTERERS, WHEN PERMITTED BY THE PORT AUTHORITIES, ACCORDING TO USUAL PRACTICE, BUT ONLY ON CONDITION THAT NO RISK IS CAUSED TO THE VESSEL ACCORDING TO MASTER’S REASONABLE DISCRETION.
What are the clauses of a bill of lading?
Bill of lading clauses are standard texts used in a bill of lading….Bill of Lading Clauses.
| Clause | What the Shipping Liner Is Confirming |
|---|---|
| Freight Prepaid | The freight for the carriage of the cargo has been paid for at the port of origin. |
| Freight Collect | The freight for the carriage of the cargo must be paid at the port of destination. |
What is lien example?
The definition of a lien is a claim on property as security to make sure someone repays money they’ve borrowed. An example of a lien is a bank holding the title to a car until the car loan has been completely paid.
How do I get a lien removed?
Once you pay all the dues at the SBI branch, the bank will remove the lien mark from your amount or account. Most likely, to get rid of this issue, you need to visit the branch and ask about the whole procedure. That will be a good idea to do it with ease.
What is a cogsa package?
One of the most commonly followed interpretations, for example, defines a COGSA package as “a class of cargo, irrespective of size, shape or weight, to which some packaging preparation for transportation has been made which facilitates handling, but which does not necessarily conceal or completely enclose the goods.”3 …
What is Harter Act?
Harter Act is a U.S. statute pertaining to merchandise or property transported from or between ports of the United States and foreign ports. Currently, the Act is partially superseded by the US Carriage of Goods by Sea Act of 1936.
Which is the best definition of the Himalaya clause?
Himalaya clause. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
Are there any Himalaya clauses in bills of lading?
However, after the decision, specially drafted “Himalaya clauses”, benefiting stevedores and others, began to be included in bills of lading. These clauses have subsequently been upheld several times by the Judicial Committee of the Privy Council and are now accepted as settled law in most common law countries.
Which is a consequence of the Himalaya case?
A consequence of the “Himalaya” case is that clauses in contracts of carriage (whether for passengers or cargo) developed to ensure, as far as possible, that liability attached only to the carrier – failing which, the carrier’s servants, agents and subcontractors had the benefit of any limits, exemptions and defences enjoyed by the carrier.
Is there a clause 3B in the Himalaya contract?
To enforce clause 3b would be, they argued, in conflict with Article III to which the Himalaya contract is subject.
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