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Contractual Indemnities

Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
Contractual Indemnities by Wayne Courtney offers an in-depth examination of indemnity promises found across various commercial contracts beyond just insurance law. It delivers a comprehensive analysis of English law principles, including the nature, construction, scope, and enforcement of indemnities, with insights from other common law jurisdictions such as Australia, Canada, New Zealand, and Singapore. The book balances theory with practical application, addressing general principles before exploring specific indemnity forms, such as those relating to third-party liabilities and defaults.
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$13199
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

This book is ideally suited for legal professionals, commercial contract drafters, litigators, judges, and legal academics interested in English and common law indemnity principles. It will also appeal to readers in jurisdictions such as Australia, Canada, New Zealand, and Singapore seeking a comprehensive and practical understanding of contractual indemnities.

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

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. Contractual Indemnities by Wayne Courtney 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 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.

Reviews

‘Overall, the book involves a close analysis of cases and dicta both in Australia and in other countries, notably the United Kingdom. In this respect, it is a meticulous, scholarly, and thorough work... In setting out the principles which emerge from the [indemnity] cases, the book reminds the reader of the importance of the clauses in those cases. This book will greatly assist the drafting process’.
Malcolm A Clarke, Journal of Contract Law

‘This is a scholarly text which covers in meticulous detail the full range of issues associated with indemnities: not simply the technical issues of their nature and their construction, but also the more practical issues of their breach and enforcement. The author fulfils the stated aim “to provide a coherent account of the construction and enforcement of promises of indemnity”. This is a valuable and landmark work which should be of immense assistance to commercial practitioners, litigators, and judges alike when confronted by indemnity problems’.
Rohan Havelock, New Zealand Business Law Quarterly

Series: Hart Studies in Private Law

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    Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. Contractual Indemnities by Wayne Courtney 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...
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Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Esteemed legal scholars praise the book for its meticulous and scholarly approach. Malcolm A Clarke highlights its detailed case analysis and usefulness in contract drafting, while Rohan Havelock commends it as a landmark text that thoroughly covers both theoretical and practical aspects of indemnities, invaluable for commercial practitioners, litigators, and judges.

Book Hero reading reviews

Book Details

INFORMATION

ISBN: 9781509905010

Publisher: Bloomsbury Publishing PLC

Format: Paperback / softback

Date Published: 17 December 2015

Country: United Kingdom

Imprint: Hart Publishing

Audience: Tertiary education, Professional and scholarly

DIMENSIONS

Spine width: 22.0mm

Width: 168.0mm

Height: 244.0mm

Weight: 560g

Pages: 368

About the Author

Wayne Courtney is an Associate Professor in the Faculty of Law at the University of Sydney.

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