What is himalaya clause ?
A shipmaster may also be liable in tort for a variety of civil wrongs claimed to have been done to third parties, an example being the successful suing by a passenger of the master of the P&O liner Himalaya in Adler v. Dixon (1954). As a result of the judgement in that case, many shipowners now insert a "Himalaya Clause" into their contracts of carriage or passage, in order to protect their servants and contractors from liability for wrongs committed during the course of their duties.
"No servant or agent or independent contractor from time to time employed by the carrier shall be liable to the owner of the goods for any loss or damage resulting from any act or negligence on his part while acting in the course of his employment."
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to marine matters, and exclusion clauses in bills of lading for the benefit of stevedores in particular.
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MMD / MCA ORALS MASTER EXAM
