The Managers Guide to Understanding Indemnity Clauses PDF Download
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Author: Frank Adoranti
Publisher: Global Professional Publishi
ISBN: 9780852977606
Category : Clauses (Law)
Languages : en
Pages : 110
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Book Description
* Examples are given from 'real life' business situations * Practical information and 'Golden Rules' on what to do and what not to do * Plain English explanations of legal terms This book explains the differences between fair indemnity clauses and those that are unduly onerous and will give readers an understanding of the nature of indemnities and their potentially devastating effects. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem, and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
Author: Frank Adoranti
Publisher: Global Professional Publishi
ISBN: 9780852977606
Category : Clauses (Law)
Languages : en
Pages : 110
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Book Description
* Examples are given from 'real life' business situations * Practical information and 'Golden Rules' on what to do and what not to do * Plain English explanations of legal terms This book explains the differences between fair indemnity clauses and those that are unduly onerous and will give readers an understanding of the nature of indemnities and their potentially devastating effects. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem, and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
Author: Andrew Clyne
Publisher:
ISBN: 9781921155130
Category : Commercial law
Languages : en
Pages : 13
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Book Description
Author: Frank Adoranti
Publisher:
ISBN:
Category : Clauses (Law)
Languages : en
Pages : 0
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Book Description
Author: Wayne Courtney
Publisher: Bloomsbury Publishing
ISBN: 1782253890
Category : Law
Languages : en
Pages : 371
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Book Description
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.
Author: Frank Adoranti
Publisher:
ISBN: 9780958145206
Category : Contracts
Languages : en
Pages : 88
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Book Description
Introductory business law guide to indemnity, part of a series in commercial contracts. Designed to assist business managers in contractual negations or when confronted with a lawsuit. Provides practical examples and case studies from real-life situations. Topics covered include language and terminology of indemnity, pitfalls, consequential or indirect loss, outsourcing risk and insurance issues. Includes index. Author is a corporate lawyer with over 15 years legal experience including commercial contracts and litigation, international transactions and dispute resolution.
Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category : Law
Languages : en
Pages : 427
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Book Description
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Author: Richard Stephens
Publisher:
ISBN: 9781912687916
Category :
Languages : en
Pages : 256
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Book Description
Indemnities have become commonplace in modern commercial contracts, with a modern commercial contract often containing numerous indemnities and using familiar expressions such as "save and hold harmless". However, few lawyers can say with confidence what such expressions mean or even what the advantage of an indemnity is over a straight breach of warranty claim. Along with their popularity in modern drafting, cases are starting to come along at an increasing rate and the courts are having to address exactly what indemnities are and what they mean in practice. Indeed, from these same cases it can be seen what the pitfalls are for the lawyer involved in drafting or negotiating indemnities in commercial contracts. While cases on indemnities go back centuries, this book focuses on the recent cases to draw out the practical implications for lawyers. There are many cases on the subject and the decisions are not always easy to reconcile, but this book tries to draw out the lessons that can be learned from the cases to demystify the indemnity and explain its practical implications. It is strange that the indemnity has become so popular while at the same time there is a dearth of academic or practical literature on the subject. This book attempts to state in a coherent fashion a modern "law of indemnities" for the modern commercial lawyer. ABOUT THE AUTHOR Richard Stephens has been in practice for some forty years, working primarily in the technology sector. He has seen the law from the angle of both a litigator and a non-contentious lawyer and brings to bear his experience in both of these fields. Richard first qualified as a barrister before moving in-house to work at two prominent IT companies in the 90's and then requalifying as a solicitor to become a partner in two City of London Law firms. He set up his own practice in 2004 and since then has worked as mediator and arbitrator in numerous cases as well as establishing himself as a trainer in the area of commercial legal subjects, including a half-day session looking specifically at contractual indemnities. He is a Fellow of the Chartered Institute of Arbitrators, of the British Computer Society and of the Society for Computers & Law (of which he is a past Chair). CONTENTS Chapter One - What Is an Indemnity? Chapter Two - Construction of Indemnities Chapter Three - Recovering Under an Indemnity Chapter Four - Scope of the Indemnity Chapter Five - Liability Issues Chapter Six - How the Law Applies to Different Types of Indemnity
Author: David Downie
Publisher:
ISBN: 9781922159670
Category :
Languages : en
Pages : 66
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Book Description
Most commercial contracts contain exclusion clauses and indemnities. Much effort is spent negotiating them, and yet they are often poorly understood. This book provides a practical guide to approaching these clauses so as to ensure your interests are best protected. The importance of each clause is highlighted along with helpful tips drawn from the long experience of the authors in drafting, negotiating and interpreting commercial contracts in their everyday practice.
Author: Joshua Andrew Thomson
Publisher:
ISBN: 9780455236223
Category : Clauses (Law)
Languages : en
Pages :
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Book Description
Author: United States. District Court (New York : Eastern District)
Publisher:
ISBN:
Category : Agent Orange
Languages : en
Pages : 458
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Book Description
