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United Kingdom Leading Case offer and acceptanceprivitybills of ladingexclusion and limitation clauses

The Eurymedon (New Zealand Shipping Co Ltd v AM Satterthwaite & Co Ltd)

[1975] AC 154
JurisdictionUnited Kingdom
CourtPrivy Council
Year1975
StatusPersuasive authority

Summary

A stevedore may enforce a Himalaya clause in a bill of lading as a unilateral contract offer accepted by performance, overcoming privity through carrier-as-agent analysis.

Key Principle

The Privy Council held that a stevedore can claim the benefit of a limitation clause in a bill of lading through a Himalaya clause, construing the arrangements as a unilateral contract: the bill of lading holder makes an offer through the carrier as agent, accepted by the stevedore through performance.

Area of Law

shipping

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