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 (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, whi
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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 neglig
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Watson, Jack. "Indemnities and modern corporate structures." Trusts & Trustees 26, no. 5 (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
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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 re
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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 (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 cl
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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 manag
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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 (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 ter
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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 (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 petrole
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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
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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 ri
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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 th
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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 p
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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 exc
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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<br>淡江大學<br>保險學系保險經營碩士班<br>102<br>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 invest
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Books on the topic "Indemnity clauses"

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Trustee exemption clauses. Stationery Office, 2006.

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Commission, Great Britain Law, ed. Trustee exemption clauses: A consultation paper. TSO, 2003.

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Trustee exemption clauses: A consultation paper. Stationery Office, 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. 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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Trustee Exemption Clauses: Cm.6874. Stationery Office, 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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8

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 di
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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.

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Book chapters on the topic "Indemnity clauses"

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Moore, Simon. "Indemnity and limitation of liability clauses." In Offshore Floating Production. 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, 2nd ed. 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. 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, 2nd ed. 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. 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. 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. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192895653.003.0027.

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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.

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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.
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