Contractual Exclusions and Indemnities of Liability for Negligence PDF Download
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Author: Barbara McDonald
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to so-called 'secondary rules' of construction relating to exclusions for negligence and their continuing role in the light of the judicial trend to favour more general principles of construction for commercial contracts. It will also consider the impact of case law on the construction of indemnity clauses which in some situations are akin or similar to exclusion clauses.
Author: Barbara McDonald
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to so-called 'secondary rules' of construction relating to exclusions for negligence and their continuing role in the light of the judicial trend to favour more general principles of construction for commercial contracts. It will also consider the impact of case law on the construction of indemnity clauses which in some situations are akin or similar to exclusion clauses.
Author: Kristoffer Svendsen
Publisher: Taylor & Francis
ISBN: 1000834018
Category : Law
Languages : en
Pages : 337
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Book Description
This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability – typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss – any loss arising will be absorbed by the party who suffers it: "you look after your losses, I’ll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers.
Author: R. G. Lawson
Publisher: Sweet & Maxwell
ISBN: 0414045769
Category : Law
Languages : en
Pages : 368
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Book Description
For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
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: Great Britain. Law Commission
Publisher:
ISBN:
Category : Indemnity against liability
Languages : en
Pages : 103
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Book Description
Author: Nyuk-Yin Chin
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 236
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Book Description
Author: Great Britain. Law Commission
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 103
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Book Description
Author: Marcel Fontaine
Publisher: BRILL
ISBN: 9047430239
Category : Law
Languages : en
Pages : 674
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Book Description
Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Author: Great Britain. Law Commission
Publisher:
ISBN:
Category : Conditional sales
Languages : en
Pages : 103
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Book Description
Author: Great Britain. Law Commission
Publisher:
ISBN:
Category : Contracts
Languages : en
Pages : 103
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Book Description
