Academic literature on the topic 'Indemnity clauses'
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Journal articles on the topic "Indemnity clauses"
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Mock, Rodney P., Arline Savage, and Mark G. Simkin. "The Ethics of Indemnity Clauses in Academic Publication Contracts." Issues in Accounting Education 25, no. 2 (May 1, 2010): 267–78. http://dx.doi.org/10.2308/iace.2010.25.2.267.
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ABSTRACT: Publishers ask authors to sign publication agreements with “indemnity clauses” to defend themselves from third-party lawsuits. When academics sign such agreements, who is liable if a third party sues the publisher—the author, the author’s university, the author’s faculty union, or only the publisher? This article uses a stakeholder approach to analyze the ethical implications that indemnity clauses have in academia on authors, publishers, universities, and unions. The article concludes that indemnification clauses are most advantageous to the publishers and universities involved, while the authors and unions are most disadvantaged by such provisions.
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Kratenko, Maxim V., and Luik Olavi-Juri. "The precautionary measures clauses in indemnity insurance contract." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 740–58. http://dx.doi.org/10.21638/spbu14.2022.310.
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Precautionary measures clauses impose on a policyholder or an insured person the obligation to perform certain acts or to refrain from certain activities until the occurrence of the insured event. Traditionally, the function of preventing negligent behavior by the policyholder is performed by rules on aggravation of risk or policyholder’s fault in the occurrence of the insured event. However, if they are ineffective, for example due to the inability to take into account the negligence in all cases (para 1 of Art. 963 of the RF Civil Code), the insurer is inclined to transfer some of the negligent acts onto the category of insurance exclusions in order not to pay compensation at all. As a consequence, the “all-or-nothing” principle prevails in resolving insurance disputes. The precautionary measures clauses, provided for in the Principles of European Insurance Contract Law (PEICL) and the legislation of Scandinavian countries (Sweden, Finland), makes it possible to reach a compromise: the insurer may consider the negligent behavior of the policyholder when paying compensation, but only insofar as it has affected the occurrence of the insured event or the amount of loss. This is more in line with the “proportionality rule”. In order to ensure the consumer rights, the authors propose to supplement insurance legislation (in particular, Chapter 48 of the RF Civil Code) with the legal institute of precautionary measures on the basis of the relevant rules of the PEICL.
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Watson, Jack. "Indemnities and modern corporate structures." Trusts & Trustees 26, no. 5 (May 21, 2020): 414–19. http://dx.doi.org/10.1093/tandt/ttaa036.
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Abstract This article considers the issue of trustee indemnity clauses and their interaction with the corporate structures which underlie many modern trusts. It considers the problems which can arise in relation to such clauses and the recent decision of First National Trustco (UK) Ltd v McQuitty [2020] EWCA Civ 107, in which the Court of Appeal gave guidance as to the construction of such clauses. Finally, it will conclude by addressing the wider impact of the decision on the ability of trustees to compel beneficiaries to make payment in respect of liabilities of underlying companies in order to ensure that taxes and other liabilities are paid.
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McClurg, Leanne. "Liability in oil and gas: what happened in the case of Deepwater Horizon?" APPEA Journal 51, no. 2 (2011): 668. http://dx.doi.org/10.1071/aj10048.
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Disasters such as the explosion of the Deepwater Horizon oil rig and the consequential pollution in the Gulf of Mexico have heightened awareness surrounding liability for such events. It is an opportune time for all companies—whether owners, operators or contractors—to closely examine their contracting regimes to ensure their interests are protected to the maximum extent possible. It is commercial reality in all industries that parties negotiating contracts seek to limit their liability. Unique to the oil and gas industry, contracts for services usually contain reciprocal indemnities, often referred to as knock for knock clauses, where each party is responsible for loss or damage to its own people and property, regardless of the cause. Such clauses have the effect of altering the common law position where liability is usually based on the cause of any loss or damage. In this session the speaker discusses some tips and traps for drafting reciprocal indemnity clauses, and looks at how they have been interpreted by the courts. Consideration is given to how an incident like Deepwater Horizon would be treated if it occurred in Australia and an update on the US Senate Committee’s inquiry into the disaster is provided.
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Petritsi, E. "Warranty/indemnity clauses in Sales and Purchase Agreements: State aid per se or invalid?" European State Aid Law Quarterly 6, no. 4 (2007): 10. http://dx.doi.org/10.21552/estal/2007/4/111.
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Weir, Tony. "SUBROGATION AND INDEMNITY." Cambridge Law Journal 71, no. 1 (March 2012): 1–7. http://dx.doi.org/10.1017/s0008197312000190.
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A Ford employee named Roberts carelessly drove a forklift truck into Morris, a person employed by Ford's cleaning contractor, Cameron. Morris sued Ford. Ford admitted vicarious liability for Roberts' negligence, and claimed against Cameron under a clause in the cleaning contract whereby Cameron had agreed to indemnify Ford against any loss or liability arising out of the cleaning operation. Cameron conceded liability to Ford under this clause and now sought an indemnity from Roberts, the careless employee of Ford: Morris v Ford Motor Co. [1973] 2 W.L.R. 843. The trial judge upheld Cameron's claim, but the Court of Appeal (Stamp L.J. dissenting) allowed Roberts' appeal on the ground that an implied term in the indemnity clause (or, per Lord Denning M.R., equitable considerations) excluded Cameron's normal right, as indemnitor, to be subrogated to Ford's right of recourse against Roberts, their careless employee, this right of recourse having been held by the House of Lords in Lister v Romford Ice & Cold Storage Co. [1957] A.C. 555 to enure even to the insured employer. Cameron has been granted leave to appeal, so the House of Lords has a good opportunity to reconsider Lister. While, at the technical level, Morris turns on the implications of a contract of indemnity and Lister deals with the implications in a contract of employment, the situation underlying both cases raises basic questions about the interaction of tort and that most familiar of indemnity contracts, insurance.
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Barrymore, S. J. "RISK ALLOCATION IN PETROLEUM JOINT VENTURES." APPEA Journal 36, no. 1 (1996): 580. http://dx.doi.org/10.1071/aj95036.
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This paper will consider aspects of contractual risk allocation in the energy industry.The industry is a mature one, with sophisticated and experienced contractors and operators. Hydrocarbons have uniquely hazardous characteristics making all parties, the State and the community acutely aware of the need to control the means of its discovery, appraisal, production and transportation.The Exxon Valdez and Piper Alpha disasters are paradigm examples of the drastic consequences and the magnitude of the risk, that can flow from what might otherwise be considered 'a minor act or omission'.Risk management is based on the premise that it is in the interest of any project that certain risks be borne by certain parties, normally the person in the best position to control the risk concerned. A realistic approach to allocation of risk will reduce costs and claims and prevent over or under insurance. Where a risk which can be efficiently absorbed or covered by one party is passed to another, the short-term gain may be more than offset by the other party's increased charges or defensive practices for absorbing the risk or its inability to perform following a liability arising from that risk.As noted above, the risk allocation and management technique dealt with in this paper is contractual. Parties seek to distribute and allocate risks by the use of clauses of indemnity, limitation, exclusion, insurance and force majeure. Each of these contracts allocate risk to one party or the other for matters such as personal injury, property loss and damage, public liability, pollution, negligent workmanship and indirect loss or damage.This paper will examine the structure of these clauses (other than insurance) in the context of offshore development projects, centring around the joint operating agreement made between an operator and the licence holders, and a consideration of contracts entered into between the operator and its participants and the project contractors and project insurers. It will also address the issue of conduct in breach of statute and the effect of such conduct on indemnity and insurance agreements.
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Ambar, Rocky Marciano, Budi Santoso, and Hanif Nur Widhiyanti. "Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang-Undang Hukum Perdata Sebagai Syarat Batal Dalam Perjanjian Kredit Perbankan." DIVERSI : Jurnal Hukum 3, no. 1 (May 20, 2018): 70. http://dx.doi.org/10.32503/diversi.v3i1.157.
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Banks in the redit agreement use more standardized credit agreements, the use of standard contracts in the banking credit agreement is based on 2 (two) things, (1) The existence of unbalanced position (berganing position) between banks and the debtor, the bank has a more dominant position than the debtor. (2) There is an understanding of the principle of freedom of contract absolutely and indefinitely so that the bank has absolute freedom to determine the form and content of the agreement. So banks can freely to determine the form and contents of the agreement included in the clause of the terms of void wanprestasi arranged to include mengesaampinkan Article 1266 and Article 1267 Civil Code in the agreement. Whereas the provision of Article 1266 of the Civil Code provides that in the event that the revocation of the treaty must be requested by the court and the judge through the decision of the court may determine the types of compensation for the parties. Based on the background, then as for the formulation of the problem of writing is (1). Whether the inclusion of clause 1266 and Article 1267 of the Civil Code in the credit agreement of the banking system has fulfilled the principle of equilibrium and justice. (2) What is the juridical implication of the inclusion of clauses which exclude Article 1266 and Article 1267 of the Civil Code in the credit agreement pertaining to the debtor's right in the process of settling the interpretation as a condition of cancellation of the agreement. The research method used is normative juridical research. The result of this research is the waiver of Article 1266 and Article 1267 of the Civil Code which regulates the waiprestasi void in the agreement and the types of indemnity is contrary to the principle of fairness and the principle of equilibrium. The principle of justice according to Rawls is that it is unfair to sacrifice the right of one or more persons only for the sake of greater economic gain and even justice must be understood as fairness, in the sense of "equality of positions and rights" not in the sense of "commonality of results" people, in other words justice as intended is justice that provides a guarantee of equality and rights between the bank as a creditor with the customer as a debtor in the credit agreement of the bank. As for the juridical implication of the inclusion of clauses that exclude Article 1266 and Article 1267 of the Civil Code of credit agreement relating to the debtor's right in the process of settling the interpretation as a condition is to remove the legal rights as well as the debtor's legal efforts in seeking justice and the equilibrium position which is not dominant by the decision maker due to the unbounded imbalance of the parties to the agreement. The act of wanprestation brings consequences to the adversity of the disadvantaged party to prosecute the defendant to indemnify, so that by law it is expected that none of the parties will be harmed by the default.
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Nadorff, Norman, and Maria Beatriz Gomes. "Look before you leap: are your oil patch liability clauses enforceable?: (An analysis under civil law jurisdictions with emphasis on Brazil)." Journal of World Energy Law & Business 14, no. 1 (February 22, 2021): 49–66. http://dx.doi.org/10.1093/jwelb/jwab004.
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Abstract The oil and gas industry requires huge investments involving extraordinary financial, environmental and safety risks. Dramatic images of the Deepwater Horizon (Gulf of Mexico, 2010), Alpha Piper (Scotland, 1988), P-51 (Brazil, 2001) and Campeche (Mexico, 1979) disasters offer chilling reminders of the monumental loss of life, property and environmental integrity that can quickly result from human error. With this backdrop, industry participants and their insurers learned early on that the normal fault-based approach to wellsite liability did not fit the nature and needs of the petroleum business. This article analyzes the risks inherent in applying the laws of a civil law jurisdiction to an oil and gas wellsite contract based on common law principles, with special emphasis on Brazil. It first briefly describes the traditional common law approach to liability allocation in wellsite contracts, including “knock-for-knock” principles (“K4K”). Next, it outlines the traditional civil law approach to liability (responsbilité) through French and Brazilian prisms. The authors do not deeply discuss the pros and cons of K4K clauses nor the policy implications of anti-indemnity statutes. Rather, they assume the reader is contemplating the negotiation of a wellsite services contract subject to the laws of a civil law jurisdiction, and describe the relevant risks and possible mitigation strategies.
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Mathieu, Kenneth, and Vincent Schmeltz. "Dispute Resolution as a Part of Your Merger or Your Acquisition Agreement." Michigan Business & Entrepreneurial Law Review, no. 1.1 (2012): 61. http://dx.doi.org/10.36639/mbelr.1.1.dispute.
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Often overlooked until invoked, the dispute resolution provisions of an acquisition agreement frequently mirror the terms of a lawyer’s last deal. Yet such provisions—including purchase price adjustment clauses, the terms of governing earn-out disputes, and the contract sections outlining the indemnification claims process—often have long-term economic ramifications on the buyers and sellers. In working with corporate lawyers over the years, we have noted that corporate lawyers understand (and give intense thought to) the leverage their clients have, what their clients hope to accomplish in a transaction, and what makes long-term economic sense in drafting an agreement and negotiating more advantageous deal terms. In this article, we hope to bring the same analytical intensity to dispute resolution provisions. While every deal is different and perspectives will vary between buyers’ and sellers’ counsel, we have attempted to inform practitioners of the issues that can arise depending on how the parties design their dispute resolution provisions. Accordingly, we have first set out our views on the current transactional environment and its implications on deal leverage and terms. Then, we have described each of the key deal provisions that we believe fall under the broad rubric of “dispute resolution” provisions. In particular, we have analyzed: (i) Purchase Price Adjustments; (ii) Earnouts; and (iii) Indemnity for Breach of Representations and Warranties.
Dissertations / Theses on the topic "Indemnity clauses"
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Awe, Akinwale A. "The function of indemnity clauses in the context of Brian Coote's "The essence of contract theory"." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237095.
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Apples and pears may be related fruits, but that does not mean they are the same! If I were to host a dinner party and intended to bake and serve an apple tart, but was delivered pears, I would end up with a pear frangipane and some very disappointed house guests. The context in which words are communicated is very important - apples and pears could relate to fruits or indeed stairs. Recognising intention as being important even in social contracts highlights the importance of intention in commercial transactions. The utility of contract law is to facilitate the agreement of parties and the rights and obligations assumed by them -this is the true essence of contract. Reverting to the analogy above, indemnity clauses although in some cases achieving similar ends as exclusion clauses, are not intended to result in exclusions of liability but are a more specific method of contractual risk management. One could infer that parties who specifically make use of indemnity clauses do not intend these to function as limitation of liability clauses, neither would they have intended such clauses be construed an exclusion of liability. Exclusion clauses could be construed as defences to accrued rights, however a central theme in this thesis is that an exclusion clause is clear in its function- it negates the accrual of a primary duty, implied by law. An indemnity on the other hand undeniably relates to secondary obligations to compensate or make good loss upon breach of primary obligations to perform. An indemnity clause, transfers secondary obligations to compensate to another who has assumed such obligation(s). In most cases the transferred obligation is financial; an indemnity is similar to a contractual insurance in this sense. An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory – 'negotiations and drafting' enhancing the utility of contract law.
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POLIANI, FRANCA. "L'INDEMNITY CLAUSE NEI CONTRATTI DI CESSIONE DI PARTECIPAZIONI SOCIALI." Doctoral thesis, Università degli Studi di Milano, 2014. http://hdl.handle.net/2434/233857.
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“Indemnity clauses in sale and purchase agreement under Italian law”
This work is a comparative analysis of the problems arising from indemnity clauses in sale and purchase agreements under Italian Law.
In a contract for the sale of shares of a s.p.a or a s.r.l., the seller usually provides representations and warranties by which he guarantees to the buyer the presence of certain characteristics of the target company’s assets. The collateral asset, financial and income provided for this purpose is usually integrated and completed by indemnity clauses, through which the parties regulate the activation and the limits of the guarantees, as well as the consequences and remedies arising from their breach of these representations and warranties. In particular, the content of indemnity clauses may consist of an obligation to: a) indemnify and hold the buyer harmless from any current or potential contingent liability (usually existing at the last balance sheet date); b ) indemnify the buyer for any undeclared debt or loss of assets; c) compensate for any loss or damage suffered by the target that would not have occurred if the financial situation of the company were correctly represented and described in the business warranties contained in the sale and purchase agreement.
The thesis contains three sections: (i) a description of the main theoretical problems arising from the application of indemnity clauses, typical of the common law systems, to the Italian legal system; (ii) an exam of the different ways in which an indemnity clause could be drafted by the parties in the most common cases, as well as the interpretative issues involved; (iii) a study of the strong difficulty to frame the indemnity clause under the categories of the Italian legal system (such as, for example, damages, price adjustment, penalty clauses) with an attempt to understand how to recognize the indemnity clause its own juridical autonomy.
Granting such autonomy and, as the author tried to do, identifying a set of rules which could be used to regulate the indemnity clause appears to be necessary. This is not only in the light of the difficult application of Italian law to the issues created by the breach of business warranties in sale and purchase agreements, but also in the light of the cross-border and transnational scenario in which the indemnity clause is usually used and operates.
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Avelar, Letícia Marquez de. "A cláusula de não indenizar: uma releitura do instituto à luz do atual código civil brasileiro." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-16082012-154850/.
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Trata-se de estudo acerca da cláusula de não indenizar e da cláusula limitativa do dever de indenizar, mecanismos utilizados pelos contratantes com vistas a aliviar a sobrecarga das indenizações, que se aproximam de institutos como o seguro de responsabilidade civil e a cláusula penal, apresentando também pontos de coincidência com a transação, a renúncia e o consentimento do ofendido. Embora sejam conhecidas desde o direito romano, foi no Estado liberal que essas convenções tiveram maior aceitação, a qual foi sendo, no entanto, paulatinamente reduzida, à medida que foi se configurando o que posteriormente se convencionou chamar de dirigismo contratual, que tem em mira corrigir as injustiças resultantes do modelo individualista de outrora, na busca por uma igualdade real entre as partes contratantes. No ordenamento jurídico brasileiro não há regra geral disciplinando a matéria, mas apenas disposições pontuais que regulam campos específicos; esta a origem de toda a controvérsia que gravita em torno da validade e eficácia da cláusula de não indenizar e da cláusula limitativa do dever de indenizar, questões, ao que se entende, que se devem resolver pelas regras de admissibilidade dos contratos em geral, respeitando-se, sempre, evidentemente, os limites da ordem pública, o que significa, nos tempos atuais, observância, também e principalmente, aos princípios da boa-fé objetiva, do equilíbrio contratual e da função social do contratoIt is a study on the non-indemnity clause and on the limitation of indemnity clause, mechanisms utilized by contractors in order to relieve the burden of indemnities which approach institutes such as the civil liability insurance and the penalty clause and also show intersection points with the settlement, the waiver and the consent of the offended party. Although known since roman law, it was in liberal State that such conventions have received greater acceptance, which nonetheless was gradually reduced as what later to be denominated contractual interventionism emerged, whose purpose is to correct the inequities resulting from the individualist model of yesteryear in the quest for true equality between the contracting parties. There is not a general legal rule in the Brazilian legal system regulating the matter, but only specific provisions governing specific cases; this is the origin of all controversy towards the validity and effectiveness of the non-indemnity clause and of the limitation of indemnity clause, these are issues that, as one comprehends, should be solved with the admissibility rules of contracts in general, provided that the limits of public order, evidently, are always respected, what means, nowadays, observance, also and mainly, of the principles of objective good faith, contractual balance and social purpose of the contract
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Dutra, Erika Donin. "Cláusula de limitação da responsabilidade civil nos contratos empresariais : extensão e limites." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185071.
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A cláusula de limitação de responsabilidade é a estipulação pela qual as partes de um contrato decidem estabelecer um limite ao efeito indenizatório da responsabilidade, seja por meio da escolhe de um valor máximo, seja por meio da alteração das regras supletivas do regime legal. No Brasil, essa cláusula não possui previsão legal específica, porém, em razão de sua frequência na prática, faz-se necessário o estabelecimento de critérios para a determinação da extensão e dos limites que devem ser observados para que sejam válidas e produzam os efeitos buscados pelos contraentes. Este trabalho exclui da análise os contratos de adesão e os contratos firmados no âmbito das relações de consumo. Também, não se analisa a cláusula de afastamento integral da responsabilidade (a chamada cláusula de exoneração da responsabilidade). A fim de determinar tais critérios, partiu-se dos limites impostos à autonomia privada em geral – ordem pública e normas cogentes – e dos critérios citados pela doutrina e pela jurisprudência, específicos à cláusula limitativa, quais sejam, o dolo, a culpa grave e o inadimplemento da obrigação principal. Assim, com o objetivo de tornar cada mais clara a incidência de cada uma dessas balizas e, em especial, afastando-se a invalidade/ineficácia automática da cláusula em casos de inadimplemento da obrigação principal, buscou-se delinear como a cláusula interage com a regulação contratual de interesses e com a apuração do montante indenizatório, por meio da análise da composição da indenização.The limitation of liability clause is the stipulation by which the parties to a contract decide to establish a limit to the indemnifying effect of liability, either by choosing a maximum amount or by changing the rules of the legal regime. In Brazil, this clause does not have specific legal provisions, but because of its frequency in practice, it is necessary to establish the criteria for determining the extent and limits that should be observed for it to be valid and produce the effects sought by the parties. This study excludes from the analysis the adhesion contracts and the contracts signed in the scope of consumer relationships. Neither the exclusion of liability clause is analyzed. In order to determine such criteria, this dissertation starts from the limits imposed on party autonomy in general – public order and cogent norms - and proceeds to the criteria mentioned by doctrine and case law, specific to the limitation clause, namely, willful misconduct and the default of the fundamental term. Thus, to clarify the incidence of each of these limits and, in particular, to remove the automatic invalidity/ineffectiveness of the clause in cases of default of the fundamental term of a contract, this work delineates how the clause interacts with the contractual regulation of interests and with the determination of the indemnity amount, through the analysis of the composition of the indemnification.
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Chang, Jui-Ting, and 張瑞庭. "A Study on SCOPIC Clause of Protection and Indemnity Club." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/18062794515150461464.
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碩士淡江大學
保險學系保險經營碩士班
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Oil spill caused by ship accidents is a serious problem. With the rise of environmental awareness, people are paying greater attention to oil spills in the ocean. So far, many international conventions on compensation for damages caused by oil spills have been established. This study attempted to analyze articles governing the scope of application, subject of liability, limitation of liability, and compulsory insurance in these conventions. This study used the 2014 agreement of UK Britannia Ship Owners’ Liability Insurance (P&I Club) as an example and investigate the insurance coverage of P&I Club and the scope of its liabilities for ship owners over damages caused by oil spills. To encourage salvors’ protection of the environment, the provisions of Article 14 of the International Convention on Salvage 1989 were created despite defying the “No Cure – No Pay” principle. However, many uncertainties still surrounded the application of these provisions in practice. In 1999, P&I Clubs introduced the SCOPIC clause to address the insufficiency of special compensation under the convention and solve controversies, uncertainties, complicated calculation of the remuneration. This study probed into the content of SCOPIC, with specific focuses on its applicability, withdrawal, tariff rates, award and payment of SCOPIC remuneration, and also discussed the advantages and disadvantages of these clauses for salvors and ship owners. Results of this study could be a reference for researchers of special compensation for ship owners over oil spills salvage.
Books on the topic "Indemnity clauses"
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Commission, Great Britain Law, ed. Trustee exemption clauses: A consultation paper. London: TSO, 2003.
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Jacques, Ghestin, and Université de Paris I: Panthéon-Sorbonne. Centre de droit des obligations., eds. Les Clauses limitatives ou exonératoires de responsabilité en Europe: Actes du colloque des 13 et 14 décembre 1990. Paris: Lib. générale de droit et de jurisprudence, 1991.
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The Managers Guide to Understanding Indemnity Clauses. Global Professional Publishing, 2006.
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Les Clauses limitatives ou exoneratoires de responsabilite en Europe: Actes du colloque des 13 et 14 decembre 1990 (Droit des affaires). Lib. generale de droit et de jurispudence, 1991.
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Gerard, McMeel. Part III Particular Contractual Provisions, 20 Conditions, Warranties, and Indemnities. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0020.
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This chapter examines contractual provisions on conditions, warranties, and indemnities. It first characterizes conditions, their varieties, as well as the nature of discharge or termination associated with conditions. Next, the chapter turns to warranties. After a brief introduction to the subject, the chapter focuses more specifically on case examples of warranties in business acquisition contracts. In English law of contract, conditions and warranties have myriad meanings in the field, with multiple contexts and distinctions which this chapter explores in more depth. Finally, the chapter discusses indemnities and the construction of indemnity clauses. An indemnity clause usually provides that if one party (‘the indemnified party’) incurs a liability to a third party to the contract as a result of the performance of the contract, they shall be entitled to be indemnified by the other party (‘the indemnifier’) against that liability.
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Cagiran, Ezgi. Charterer’s Risks and Liabilities: Charterer’s Risks and Liabilities, Negligence Clause in Charterparty and Protection and Indemnity Insurance. GENERIS PUBLISHING, 2020.
Find full textBook chapters on the topic "Indemnity clauses"
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Moore, Simon. "Indemnity and limitation of liability clauses." In Offshore Floating Production, 132–45. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003243861-8.
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Beadnall, Stuart, and Simon Moore. "Indemnity and limitation of liability clauses." In Offshore Construction, 245–63. 2nd ed. London: Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9780367855574-11.
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Kaasen, Knut. "Indemnity clauses in fabrication and construction contracts in Norway." In Knock-for-Knock Indemnities and the Law, 117–63. London: Informa Law from Routledge, 2023. http://dx.doi.org/10.4324/9781003206798-9.
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Davis, Mark. "Clause 17—Indemnity." In Bareboat Charters, 97–99. 2nd ed. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003098003-17.
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Baskind, Eric, Greg Osborne, and Lee Roach. "22. Marine cargo insurance." In Commercial Law, 618–48. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895653.003.0022.
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This chapter commences with a brief overview of the nature of contracts of insurance generally, introducing the concepts of utmost good faith and fair presentation, indemnity, and proximate cause of loss, leaving more detailed explanations of these concepts to the on-line chapter on insurance. It then takes the terms of a typical marine cargo insurance policy, the Institute Cargo Clauses, and examines them in some detail, including the extent of risk coverage provided, including excluded causes of loss, when risk attaches to the insured property and when cover under the policy ends. In the process it provides examples of the way in which the insuring provisions of a contract interact with the issue of causation of loss in `all risks’ and other policies.
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Đorđević, Slavko. "NEKOLIKO NAPOMENA O UGOVORU O TRGOVINSKOM ZASTUPANjU IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE." In XXI vek - vek usluga i uslužnog prava : Knj. 12, 3–16. University of Kragujevac, Faculty of Law, 2021. http://dx.doi.org/10.46793/xxiv-12.003dj.
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This paper analyzes the influence of mandatory rules of EU Member States on commercial agent’s right to indemnity/compensation (which come from Art. 17 and 18 of Directive 86/653/EEC) on determining the law applicable to commercial agency contract in accordance with the conflict-of-law rules of Serbian Private International Act as well as on jurisdiction (prorogation) clause in favor of Serbian courts. Considering that these mandatory rules are usually classified as overriding mandatory rules which apply irrespective of which law is applicable to an agency contract, the author analyzes two situations in which their application can emerge: the first situation relates to the cases in which a principal has seat in EU Member State and an agent has seat in Serbia; the second situation relates to the cases in which a principal has seat in Serbia and an agent has seat in EU Member State. After that, author explains that the courts of EU Member States dismiss the jurisdiction clauses by which the courts of non-Member States have been prorogated, if these courts would not apply the rules which secure the same or similar level of protection for commercial agents as those of Directive 86/653/EEC. Bearing this in mind, author also analyzes whether the courts of EU Member States would recognize the effects of prorogation of Serbian courts in such cases
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Baskind, Eric, Greg Osborne, and Lee Roach. "Additional Chapter Principles of Insurance Law." In Commercial Law, 769. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895653.003.0027.
Full textAbstract:
Put broadly, insurance is a contractual process whereby risk is transferred from a person who might incur a loss to an insurer. Whilst insurance law is at root merely an example of applied contract, in fact it has some unique characteristics and practices and a terminology all of its own. In this chapter we will consider the key characteristics of insurance law. After examining the meaning of insurance, including the concepts of indemnity and insurable interest in liability and property insurance, we move to the structure of insurance policies. The ways the courts have interpreted insurance wordings and insurance warranties, conditions precedent, and basis of the contract clauses are dealt with before the extensive reforms wrought by the Insurance Act 2015 are introduced. Insurance policies, even so-called all risks policies, do not cover all causes of loss which an insured might suffer, so the concept of causation in insurance is particularly important and this is dealt with next. The chapter closes by reviewing insurance claims, including the effect of fraudulent claims, how the level of disclosure expected of an insured is far higher than in a non-insurance context, and how these issues have been the subject of substantial reform under the newInsurance Act.
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Colin, Edelman, and Burns Andrew. "4 Obligations of the Reinsurer." In The Law of Reinsurance. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198870937.003.0004.
Full textAbstract:
This chapter evaluates the obligations of the reinsurer. A reinsurer is obliged to indemnify its reinsured where a loss falls within the cover of the policy reinsured and within the cover created by the reinsurance. In the absence of any express provision in the reinsurance policy to the contrary, the burden of proof is on the reinsured to prove that the underlying insured’s loss fell as a matter of law within the risks covered and that it was as a matter of fact liable to the underlying insured in respect of that loss. A reinsurer is not obliged to pay its reinsured more than the reinsured has paid its underlying insured. Over the years, insurers have sought (with varying degrees of success) to relieve themselves of the responsibility of proving that they were as a matter of fact liable to their underlying insured and of proving the quantum of such liability by inserting in policies of reinsurance a clause requiring the reinsurer to follow the settlements or fortunes of the reinsured.