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NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd : ウィキペディア英語版 | NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd
''New Zealand Shipping Co. Ltd. v. A. M. Satterthwaite & Co. Ltd.'' () (UKPC 1 ), or The Eurymedon, is a leading case on contract law by the Judicial Committee of the Privy Council. The Council gave conditions of when a third party may seek protection of an exclusion clause in a contract between two parties. ==Facts== A drilling machine was to be shipped from Liverpool to Wellington, New Zealand. The bill of lading stipulated the limited liability of the carrier. It further stated that the clause would extend to servants, agents, and any independent contractors, which is often referred to as a "Himalaya clause". The carrier company was a subsidiary of the company that also owned the stevedore operation that unloaded the drill. Due to negligence the stevedores damaged the drill while unloading it. The stevedores claimed protection of the immunity clause in the contract between the carrier and Satterthwaite.
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