contractual indemnities hart studies in private law

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Contractual Indemnities

Author : Wayne Courtney
ISBN : 9781782253891
Genre : Law
File Size : 89. 91 MB
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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.

The Law Of Contract Damages

Author : Adam Kramer
ISBN : 9781509915859
Genre : Law
File Size : 37. 14 MB
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Written by Adam Kramer, a commercial barrister and academic, the second edition of the acclaimed The Law of Contract Damages is the most comprehensive and detailed treatment available of this important dispute resolution area. The first edition is regularly cited in the courts and academic literature, and this new edition has been substantially updated to take account of over 150 recent decisions. To aid understanding and practicality of use, the book is primarily arranged by the type of complaint, such as the mis-provision of services, the non-payment of money, or the temporary loss of use of property, but also includes sections on causation, remoteness and other general principles. At all points, the work gathers together the cases from all relevant contractual fields, both those usually considered-construction, sale of goods, charterparties, professional services-and those less frequently covered in general works-such as SPAs, insurance, and landlord and tenant. It also refers to tort decisions where relevant, including full coverage of professional negligence damages, and gives detailed explanation of many practically important but often neglected areas, such as damages for lost management time and the proof of lost profits. The book provides authoritative and insightful analysis of damages for breach of contract and is an essential resource for practitioners and scholars in commercial law and other contractual fields.

Insurance Law Cases And Materials

Author : John Lowry
ISBN : 9781782253457
Genre : Law
File Size : 85. 33 MB
Format : PDF, Kindle
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This book is intended as a complement to the authors' Insurance Law: Doctrines and Principles,following its general pattern but integrating the jurisprudence from other common law jurisdictions, particularly the USA, as a means of demonstrating how problems which have long confronted the English courts frequently receive different legislative/judicial responses elsewhere. Although the emphasis of the book lies with the case law spanning some two centuries, the authors introduce each section with a brief narrative designed to focus the reader's attention as he or she works through the cases. A critical approach is adopted and emphasis is given to major journal articles and to the current UK and EU reform agenda. Readership: undergraduates, external students taking the London LL.M Insurance Law course, CII candidates and those who lack access to a law library.

International Sales Terms

Author : Patrick Ostendorf
ISBN : 1849466092
Genre : Law
File Size : 31. 93 MB
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This is a short practical guide to international sales terms, providing a handy guide for drafting typical sales agreement clauses. The introductory chapter provides a short introduction to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and Swiss law with regard to legal issues not dealt with by the CISG (i.e. assignment, set-off, limitation periods, validity of the contract etc.) as well as differences in this regard compared to other major jurisdictions (in particular England and the U.S.). The introductory part also deals with more general points of concern with regard to international sales contracts (eg. US. and European export control regulations, international tax law issues etc.) and best practices regarding the incorporation of the terms into the contract (the battle of forms problem). The main part of the book contains the annotated international sales terms and conditions (inter alia Terms of Payment, Retention of Title, Delivery, Transfer of Risk, Conformity of the Contract Goods and Remedies in case of Non-conformity, Confidentiality, Limitation of Liability, Termination, Governing Law and Arbitration Clause). The contents of each clause and its effect in the context of the applicable law are separately discussed and analysed. When deemed appropriate, alternatives for the drafting of individual clauses are provided.The second edition of this book incorporates inter alia more recent changes in relation to relevant statutory provisions of the suggested governing laws and available trade terms and provides updated contract terms as well as revised annotations.In particular, the second edition includes a detailed account of " the Incoterms 2010 introduced by the International Chamber of Commerce, " new statutory provisions of Swiss law in relation to applicable limitation periods for warranty claims and the control of general terms and conditions, " the latest developments of EU and US export control regulations and their impact for international sales transactions, " up to date international case law in relation to the United Nations Convention on Contracts for the International Sale of Goods (CISG). Against the background of the ongoing European sovereign debt crisis, the second edition also discusses potential contractual tools to limit the risk exposure of exporters in case individual Member States should leave the Euro zone. Further new features comprise of a short introduction into the proposed Common European Sales Law (CESL) as a potential alternative legal framework for the CISG in the future as well as the meaning and impact of indemnity clauses in sales contracts.

Contracting For Abs

Author : Shakeel Bhatti
ISBN : 9782831709826
Genre : Law
File Size : 34. 18 MB
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The designation of geographical entities in this book, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of IUCN or the German Federal Ministry for Economic Cooperation and Development (BMZ) concerning the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

Private Law In The 21st Century

Author : Kit Barker
ISBN : 9781509908592
Genre : Law
File Size : 30. 36 MB
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This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.

Constitutionalisation Of Private Law

Author : Thomas Barkhuysen
ISBN : 9789004148529
Genre : Law
File Size : 64. 61 MB
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This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

A Z Guide To Boilerplate And Commercial Clauses

Author : Mark Anderson
ISBN : 9781847668950
Genre : Law
File Size : 85. 50 MB
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Clearly and concisely de-constructs the boilerplate clauses commonly used in commercial contracts Includes new, revised and updated precedent material Dedicated accompanying website keeps you up to date with developments No matter how obscure or complicated the clause, this book will enable you to negotiate and comprehend the boilerplate clause, and draft your own. The practical alphabetical format enables you to locate vital information in seconds. The following invaluable knowledge and information is provided for each and every boilerplate: an explanation of the purpose of the clause; a discussion of the issues and problems you'll encounter drafting the clause; practical samples of commonly used precedents; a summary of the underlying law, including consumer law issues where relevant; an explanation of relevant major cases that have affected the interpretation of the clause. Includes new precedent material on the obligations on a party to comply with particular regulatory and/or gove

Insurance Law

Author : John Lowry
ISBN : 9781847317698
Genre : Law
File Size : 78. 76 MB
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The third edition of Insurance Law: Doctrines and Principles follows the widely acclaimed first and second editions. It provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed with the needs of undergraduate and postgraduate students in mind. The text is enhanced by extensive citations to case law and academic commentaries, making the book ideal for students, scholars and practitioners alike. This new edition reflects the many changes that have occurred in the law of insurance since the second edition was published in 2005. The book is divided into two parts. Part I considers the regulation of insurance business and the general principles underlying the law of insurance contracts. Part II examines the way in which these principles are shaped by the particular insurance context in which they operate. The book is readable and authoritative, with a sound grasp of the realities of insurance practice; it is well sourced and generous with supplementary points. 'Lowry & Rawlings is a welcome addition to the ranks of insurance law textbooks and a serious contender for the student readership in this field.' Nicholas Legh-Jones QC, Lloyds Maritime Commercial Law Quarterly 'I recommend the book for undergraduate use, and as a starting point for postgraduate use. The book is well written and full of clear explanations of a difficult field of the law.' Neil Campbell, Law Quarterly Review '...can be warmly recommended for purchase or use by lecturers and students in the subject.' Dennis Dowding, The Law Teacher '...a very useful text on insurance law ... an eminently readable, good and critical book. It is clearly of the highest calibre.' Reuben Hasson, Canadian Business Law Journal

Damages And Compensation Culture

Author : Eoin Quill
ISBN : 9781509902057
Genre : Law
File Size : 42. 9 MB
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The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.

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