Contractual Indemnities / Wayne Courtney.

Format:

Book

Author/Creator:

Courtney, Wayne, author.

Series:

Hart studies in private law ; v. 12.

Hart studies in private law ; v. 12

Language:

English

Subjects (All):

Contracts--Great Britain.

Contracts.

Indemnity against liability--Great Britain.

Indemnity against liability.

Australia.

Physical Description:

1 online resource (liii, 308 pages).

Edition:

1st ed.

Place of Publication:

Oxford : Hart Publishing, 2014.

Summary:

"Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law. The book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific, by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties. The book states English law but it draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand and Singapore. It will appeal to readers from those countries."--Bloomsbury Publishing.

Contents:

Introduction

The nature of the promise of indemnity

Construction

The scope of the indemnity

Enforcement

Claims by or liabilities to third parties : classification and establishing loss

Claims by or liabilities to third parties : performance and enforcement

Claims by or liabilities to the indemnifier

Non-performance by a third party

Breach of contract by the indemnifier.

Notes:

Based on the author's thesis (doctoral)--University of Sydney, 2010.

Includes bibliographical references and index.

ISBN:

9781782253884

1782253882

9781474202084

147420208X

OCLC:

902656594