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TITLE Supreme Court Decision 2016Da213237 Decided September 28, 2016¡¼Damages¡½ [full Text]
Summary
[1] In a case where the so-called ¡°Himalaya Clause¡± that entitles a sub-contractor, etc. to invoke a carrier¡¯s defense of limitation of liability is indicated on the back of a bill of lading (¡°B/L¡±), whether a stevedore, as a sub-contractor, can invoke the right to limit liability applicable to a carrier based on the B/L terms and conditions (affirmative in principle)
Whether a stevedore delegated to partially carry out works falling under the carrier¡¯s scope of responsibility according to the B/L, regardless of a direct contractual relationship with a carrier, is included as ¡°any person assisting shipment activity¡± prescribed under the B/L terms and conditions, and thus, constitutes a sub-contractor (affirmative in principle)
[2] In cases of the so-called ¡°surrender bill of lading¡± (hereinafter ¡°surrender B/L¡±), a document issued to indicate that the original B/L was collected at the point of origin to allow shipment items to be unloaded at and quickly delivered from the port of discharge to a receiver, whether liability for shipment under the B/L is valid (affirmative in principle)
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