Contractual Indemnities

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253882
Total Pages : 312 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Contractual Indemnities by : Wayne Courtney

Download or read book Contractual Indemnities written by Wayne Courtney and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Stephens on Contractual Indemnities

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Author :
Publisher :
ISBN 13 : 9781912687916
Total Pages : 256 pages
Book Rating : 4.6/5 (879 download)

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Book Synopsis Stephens on Contractual Indemnities by : Richard Stephens

Download or read book Stephens on Contractual Indemnities written by Richard Stephens and published by . This book was released on 2021-01-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

The Managers Guide to Understanding Indemnity Clauses

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Author :
Publisher : Global Professional Publishi
ISBN 13 : 9780852977606
Total Pages : 110 pages
Book Rating : 4.9/5 (776 download)

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Book Synopsis The Managers Guide to Understanding Indemnity Clauses by : Frank Adoranti

Download or read book The Managers Guide to Understanding Indemnity Clauses written by Frank Adoranti and published by Global Professional Publishi. This book was released on 2006 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: * 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.

The Tech Indemnities Pocket Guide

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Author :
Publisher :
ISBN 13 : 9781641057332
Total Pages : 58 pages
Book Rating : 4.0/5 (573 download)

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Book Synopsis The Tech Indemnities Pocket Guide by : David W. Tollen

Download or read book The Tech Indemnities Pocket Guide written by David W. Tollen and published by . This book was released on 2020 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: A simple 58-page guide to indemnity terms, from the author of ABA's bestseller, The Tech Contracts Handbook. Avoid the misunderstandings, mistakes, and delays common to indemnities in software licenses and cloud computing agreements. This practical e-book is ideal for both lawyers and businesspeople. It's accessible, clear, and precise, like a good contract.

Contractual Risk Allocation

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Publisher : Blue Peg Publisher
ISBN 13 : 9781922159427
Total Pages : 36 pages
Book Rating : 4.1/5 (594 download)

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Book Synopsis Contractual Risk Allocation by : David Downie

Download or read book Contractual Risk Allocation written by David Downie and published by Blue Peg Publisher. This book was released on 2012-11-23 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every commercial transaction involves risk. Negotiating the terms of a contract that gives effect to a transaction provides an opportunity to transfer that risk to someone else through the use of common drafting mechanisms including warranties, indemnities, exclusion clauses and insurance clauses. 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.

The Surety's Indemnity Agreement

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Publisher : American Bar Association
ISBN 13 : 9781604420005
Total Pages : 692 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Surety's Indemnity Agreement by : Marilyn Klinger

Download or read book The Surety's Indemnity Agreement written by Marilyn Klinger and published by American Bar Association. This book was released on 2008 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding Indemnity Clauses

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Publisher :
ISBN 13 : 9780958145206
Total Pages : 88 pages
Book Rating : 4.1/5 (452 download)

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Book Synopsis Understanding Indemnity Clauses by : Frank Adoranti

Download or read book Understanding Indemnity Clauses written by Frank Adoranti and published by . This book was released on 2003 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Knock-for-Knock Indemnities and the Law

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Publisher : Taylor & Francis
ISBN 13 : 1000834018
Total Pages : 337 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Knock-for-Knock Indemnities and the Law by : Kristoffer Svendsen

Download or read book Knock-for-Knock Indemnities and the Law written by Kristoffer Svendsen and published by Taylor & Francis. This book was released on 2023-03-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The FIDIC Forms of Contract

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Publisher : John Wiley & Sons
ISBN 13 : 1118658655
Total Pages : 731 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis The FIDIC Forms of Contract by : Nael G. Bunni

Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.

The Tech Contracts Handbook

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Author :
Publisher : American Bar Association
ISBN 13 : 9781604429824
Total Pages : 0 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Tech Contracts Handbook by : David W. Tollen

Download or read book The Tech Contracts Handbook written by David W. Tollen and published by American Bar Association. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more

The Manager's Guide to Understanding Indemnity Clauses

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis The Manager's Guide to Understanding Indemnity Clauses by : Frank Adoranti

Download or read book The Manager's Guide to Understanding Indemnity Clauses written by Frank Adoranti and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Offshore Contracts and Liabilities

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Publisher : CRC Press
ISBN 13 : 1317746112
Total Pages : 652 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Offshore Contracts and Liabilities by : Baris Soyer

Download or read book Offshore Contracts and Liabilities written by Baris Soyer and published by CRC Press. This book was released on 2014-09-25 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide

The Principle of Indemnity in Marine Insurance Contracts

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Publisher : Springer Science & Business Media
ISBN 13 : 3540490744
Total Pages : 307 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis The Principle of Indemnity in Marine Insurance Contracts by : Kyriaki Noussia

Download or read book The Principle of Indemnity in Marine Insurance Contracts written by Kyriaki Noussia and published by Springer Science & Business Media. This book was released on 2007-08-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses legal issues related to the principle of indemnity in marine insurance contracts as well as disputes that may arise in a representative sample of common and continental law jurisdictions. It offers a comparative examination of Australian, English, Canadian, French, Greek, Norwegian and U.S. law. It examines the scope for a legal reform and the potential of achieving a better, more flexible, and modern indemnification regime.

Understanding and Negotiating Book Publication Contracts

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (17 download)

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Book Synopsis Understanding and Negotiating Book Publication Contracts by : Brianna Schofield

Download or read book Understanding and Negotiating Book Publication Contracts written by Brianna Schofield and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Copyright law and contract language are complex, even for attorneys and experts. Authors may be tempted to sign the first version of a publication contract that they receive, especially if negotiating seems complicated, intimidating, or risky. But there is a lot at stake for authors in a book deal, and it is well worth the effort to read the contract, understand its contents, and negotiate for favorable terms. To that end, Understanding and Negotiating Book Publication Contracts identifies clauses that frequently appear in publishing contracts, explains in plain language what these terms (and typical variations) mean, and presents strategies for negotiating "author-friendly" versions of these clauses. When authors have more information about copyright and publication options for their works, they are better able to make and keep their works available in the ways they want"--Publisher.

Negotiating and Drafting Contract Boilerplate

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Publisher : ALM Publishing
ISBN 13 : 9781588521057
Total Pages : 712 pages
Book Rating : 4.5/5 (21 download)

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Book Synopsis Negotiating and Drafting Contract Boilerplate by : Tina L. Stark

Download or read book Negotiating and Drafting Contract Boilerplate written by Tina L. Stark and published by ALM Publishing. This book was released on 2003 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.

Contractual Risk Transfer

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (331 download)

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Book Synopsis Contractual Risk Transfer by : Patrick J. Wielinski

Download or read book Contractual Risk Transfer written by Patrick J. Wielinski and published by . This book was released on 2004-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

In Re "Agent Orange" Product Liability Litigation

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Author :
Publisher :
ISBN 13 :
Total Pages : 458 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis In Re "Agent Orange" Product Liability Litigation by : United States. District Court (New York : Eastern District)

Download or read book In Re "Agent Orange" Product Liability Litigation written by United States. District Court (New York : Eastern District) and published by . This book was released on 1984 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: