9781474202084 online 9781849462907 hardback 9781782253891 electronic book 9781782253884 PDF
Hart studies in private law ; v. 12.
"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."--Bloomsbury Publishing.
Based on the author's thesis (doctoral)--University of Sydney, 2010.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction The nature of the promise of indemnity Construction The scope of the indemnity Enforcement Claims by or liabilities to third parties : classification and establishing loss Claims by or liabilities to third parties : performance and enforcement Claims by or liabilities to the indemnifier Non-performance by a third party Breach of contract by the indemnifier.