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Contractual Indemnities de Wayne Courtney

Contractual Indemnities: Hart Studies in Private Law

Autor Wayne Courtney
en Limba Engleză Hardback – 28 mai 2026
This much welcomed new edition examines all recent developments in the field of contractual indemnities.

The first edition of this hallmark text provided a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. This new edition retains its hallmark dual perspective: setting out the foundational general principles and exploring specific forms of indemnity.

This new edition also explores illegality post Patel v Mirza; extends the discussion of implied indemnities; examines the impact of Woods v Capita Insurances Services Ltd; and looks at performance bonds, guarantees and indemnities. 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.
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Specificații

ISBN-13: 9781509984121
ISBN-10: 1509984127
Pagini: 496
Dimensiuni: 169 x 244 mm
Ediția:2
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Private Law

Locul publicării:London, United Kingdom

Cuprins

Part I
1. Introduction

Part II: General Principles
2. The Nature of the Promise of Indemnity
3. Construction
4. The Scope of the Indemnity
5. Enforcement

Part III: Particular Indemnities
6. Claims by or Liabilities to Third Parties: Classification and Establishing Loss
7. Claims by or Liabilities to Third Parties: Performance and Enforcement
8. Claims by or Liabilities to the Indemnifier
9. Non-Performance by a Third Party
10. Breach of Contract by the Indemnifier

Recenzii

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.
...an excellent book.

...Wayne Courtney has done a very good job of distilling centuries of English and Commonwealth case law on indemnities into a narrative that sets out the main principles of interpretation. His experiences as a practising lawyer and as an academic have undoubtedly contributed to making this a useful work.

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.
Promises of indemnity are a commonplace in contracts of insurance and in other types of commercial contracts. This work (...) provides a detailed consideration of the law of indemnities. A text on this area of commercial enterprise is well overdue.