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The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector
Dissertation (LLM (Insurance Law and Governance))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613595211137024 |
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| access_status_str | Open Access |
| author2 | Grove, Niek |
| author_browse | Grove, Niek |
| author_facet | Grove, Niek |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Insurance Law and Governance))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/100711 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:38.583Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/100711 The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector Grove, Niek richard.wiers@gmail.com Wiers, Richard UCTD Maritime insurance Third-party liability Bills of lading International conventions Privity rule Himalaya clause Dissertation (LLM (Insurance Law and Governance))--University of Pretoria, 2024. This study explores the concept of the Himalaya clause within the context of maritime insurance law. The Himalaya clause, often incorporated into bills of lading, extends liability limitations and defences to third parties, such as servants, agents, and independent contractors of the ocean carrier. The study examines the historical development of the privity rule in maritime contracts, the evolution of third-party benefits, and the legal implications of these clauses. It also analyses the effect on insurers when risks materialise and the circumstances under which insurers are liable to compensate for losses or damages. This study considers various international conventions and national legislations, including the Hague, Hague-Visby, and Hamburg Rules, to comprehensively understand the legal framework governing third-party liabilities in maritime contracts. In summation the study seeks to highlight governing principles that insurers ought to be cognisant of in drafting carriage and related insurance contracts to regulate the liabilities of parties to the carriage contract and third parties that may seek to benefit thereunder Mercantile Law LLM (Insurance Law and Governance) Unrestricted Faculty of Laws None 2025-02-11T13:37:08Z 2025-02-11T13:37:08Z 2025-05-28 2024-10-31 Mini Dissertation * A2025 http://hdl.handle.net/2263/100711 Disclaimer letter en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Maritime insurance Third-party liability Bills of lading International conventions Privity rule Himalaya clause The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title | The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title_full | The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title_fullStr | The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title_full_unstemmed | The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title_short | The nature of a Himalaya clause and its effect on insurance in the Marine insurance sector |
| title_sort | nature of a himalaya clause and its effect on insurance in the marine insurance sector |
| topic | UCTD Maritime insurance Third-party liability Bills of lading International conventions Privity rule Himalaya clause |
| url | http://hdl.handle.net/2263/100711 |