Contractual Indemnities.

Format:

Book

Author/Creator:

Courtney, Wayne, author.

Series:

Hart Studies in Private Law.

Hart Studies in Private Law

Language:

English

Subjects (All):

Commercial law.

Contracts.

Physical Description:

1 online resource (443 pages)

Edition:

2nd ed.

Place of Publication:

London : Bloomsbury Publishing (UK), 2026.

System Details:

text file rdaft

Summary:

This much welcomed new edition examines all recent developments in the field of contractual indemnities.The first edition of this landmark text provided a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities.

Contents:

Cover

Title Page

Copyright

Preface

Contents

Table of Cases

Table of Legislation

Table of Conventions and Agreements

PART I INTRODUCTION

1 Introduction

Overview

Contractual Indemnities

Other Indemnities

The Concept of Exact Protection

Scope and Structure of Book

Scope

Structure

Influences of Legal History

PART II GENERAL PRINCIPLES

2 The Nature of the Promise of Indemnity

Introduction

Differences in the Nature of Indemnity Promises

Indemnity as a Promise of Prevention of Loss

Illustrations

Method of Indemnification

Prevention of Loss and Exact Protection

Indemnity as a Promise of Compensation for Loss

Compensation for Loss and Exact Protection

Other Constructions

Comparison with Indemnity Insurance

3 Construction and Implication

Construction Issues

Raw Material

Use of Context

Use of Precedent

Standards of Construction

Strict Construction

Commercial Construction

The Present Law

The Contra Proferentem Rule

Implied Indemnities

The Role of Contract

Relationships

Transactions

Actions Done upon Request

4 The Scope of the Indemnity

The Concept of Scope

Definition and Structure

Relationship with Concepts of Loss and Damnification

General Limitations

Causation or Connection

Losses Not Reasonably Foreseen or Contemplated

Avoided and Reasonably Avoidable Loss

Exclusions Based on Fault or Legal Wrongs

The Indemnified Party's Responsibility for the Loss

Negligence

Conversion

Breach of Statutory Duty

Breach of Contract

Fraud and Other Kinds of Moral Turpitude

Insurance and Other Risk Allocation Clauses

Types of Risk Allocation Clause

Relationship between Clauses

Costs

5 Enforcement.

Introduction

Restrictions on Enforcement

Formal Requirements

Non-Compliance with Terms of Contract Containing Indemnity

Other Conduct Affecting the Indemnity

Illegality and Public Policy

Consumer Protection

Enforcement Generally

Indemnified Parties and Others

Actual Loss and Potential Loss

Enforcement after Loss

Nature of Enforcement

Losses within the Scope of the Indemnity

Losses beyond the Scope of the Indemnity

Theoretical Justifications

Enforcement before Loss

Orders for Indemnification

Orders to Preserve Assets

Declaratory Relief

PART III PARTICULAR INDEMNITIES

6 Claims by or Liabilities to Third Parties: Classification and Establishing Loss

Classification

Nature of Indemnity

Usual Construction is to Prevent Loss

What is Meant by Preventing Loss?

Exceptions to Preventive Construction

Establishing Loss

Existence of Loss

Proof of Liability of Indemnified Party

7 Claims by or Liabilities to Tird Parties: Performance and Enforcement

Method of Indemnifcation

Exoneration from Claim by or Liability to Tird Party

Abandonment of Claim by Indemnifer

Payment to Indemnifed Party

Enforcement

Exculpation

Other Issues

8 Claims by or Liabilities to the Indemnifier

9 Non-Performance by a Third Party

Definition

Comparison with Similar Legal Relationships

Proof of Loss of Indemnified Party

The Status of the Principal Contract

Enforcement before Loss.

10 Breach of Contract by the Indemnifier

Express Indemnities

Prevention of Loss from Breach

Compensation for Loss from Breach

An Agreement on Damages63

Relationship between Right to Indemnity and Right to Damages

Index.

ISBN:

1-5099-8415-1

1-5099-8413-5

1-5099-8414-3

OCLC:

1583175192