Wayne Courtney - Böcker

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.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

Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking.

This much welcomed new edition examines all recent developments in the field of contractual indemnities.The first edition of this landmark 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.