Download or read book Indemnity and Exclusion Clauses written by David Downie and published by . This book was released on 2013-01-01 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most commercial contracts contain exclusion clauses and indemnities. Much effort is spent negotiating them, and yet they are often poorly understood. This book provides a practical guide to approaching these clauses so as to ensure your interests are best protected. The importance of each clause is highlighted along with helpful tips drawn from the long experience of the authors in drafting, negotiating and interpreting commercial contracts in their everyday practice.
Download or read book Exemption Clauses and Unfair Terms written by Elizabeth J. Macdonald and published by Bloomsbury Professional. This book was released on 1999 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.
Download or read book The Function of Indemnity Clauses in the Context of Brian Coote s The Essence of Contract Theory written by Akinwale A. Awe and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Contractual Exclusions and Indemnities of Liability for Negligence written by Barbara McDonald and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper will explore the efficacy of contractual exclusions of obligations of care or liability for negligence. It will begin by setting out some fundamental principles of construction of exclusive clauses affecting the tort liability of the parties to the contract. It will then turn to so-called 'secondary rules' of construction relating to exclusions for negligence and their continuing role in the light of the judicial trend to favour more general principles of construction for commercial contracts. It will also consider the impact of case law on the construction of indemnity clauses which in some situations are akin or similar to exclusion clauses.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book The Managers Guide to Understanding Indemnity Clauses written by Frank Adoranti and published by Global Professional Publishi. This book was released on 2006 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: * Examples are given from 'real life' business situations * Practical information and 'Golden Rules' on what to do and what not to do * Plain English explanations of legal terms This book explains the differences between fair indemnity clauses and those that are unduly onerous and will give readers an understanding of the nature of indemnities and their potentially devastating effects. This series explains the basics of commercial contract law, highlights how to spot potential issues before they become a problem, and then how to work with a lawyer more effectively if things go wrong. It is a practical series definitely intended for corporate managers rather than lawyers.
Download or read book Exclusion Clauses in Contracts written by David Yates and published by . This book was released on 1982 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exclusion Clauses written by R. G. Lawson and published by . This book was released on 1990 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the use of exclusion clauses in the light of the Unfair Contract Terms Act and the body of case law that has developed since 1983. It also discusses ways in which an exclusion clause can become a contractual term and how it is likely to be interpreted in court.
Download or read book The Law of Indemnification and Its Interplay with Liability Insurance written by John B. Mumford (Jr.) and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 50-state survey studies the intersection between general liability insurance and an insured's separate agreement to indemnify.
Download or read book Exclusion Clauses written by R. Lawson and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The FIDIC Forms of Contract written by Nael G. Bunni and published by John Wiley & Sons. This book was released on 2013-02-05 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1999, FIDIC introduced its new Suite of Contracts, which included a “new” Red, Yellow, Silver and Green forms of contract. The “new” Red Book was intended to replace the 1992 fourth edition of the Red Book, with the ambition that its use would cease with time. This ambition has not materialised and is unlikely to do so in the future. Despite the importance of the 1999 Forms, there has been very little published on the new concepts adopted in them and how they interact with the previous forms. This important work considers these aspects together with the many developments affecting the fourth edition of the Red Book that have taken place since 1997, when the second edition of this book was published, and relates them to key contracting issues. It is written by a chartered engineer, conciliator and international arbitrator with wide experience in the use of the FIDIC Forms and in the various dispute resolution mechanisms specified in them. Important features of this book include: · background and concepts of the various forms of contract; · a detailed comparison of the wording of the1999 three main forms, which although similar in nature; it nevertheless significantly differs in certain areas where the three forms diverge due to their intended purpose; · analysis of the rights and obligations of the parties involved in the contract and the allocation of risks concerned; · a range of ‘decision tree’ charts, analysing the main features of the 1992 Red Book, including risks, indemnities and insurances, claims and counterclaims, variations, procedure for claims, programme and delay, suspension, payments and certificates, dispute resolution mechanisms, and dispute boards; · a much enlarged discussion of the meaning of “claim” and “dispute” and the types of claim with a discussion of the Notice provision in the 1999 forms of contract for the submittal of claims by a contractor and by an employer; · the FIDIC scheme of indemnities and insurance requirements; and the methods of dispute resolution provided by the various forms of contract; and · five new chapters in this third edition, the first four chapters deal with each of the 1999 forms and the fifth chapter is confined to the topic of Dispute Boards.
Download or read book The Tech Contracts Handbook written by David W. Tollen and published by American Bar Association. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more
Download or read book The Unfair Contract Terms Act 1977 written by W. V. H. Rogers and published by . This book was released on 1978 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Manual of Style for Contract Drafting written by Kenneth A. Adams and published by American Bar Association. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free ofthe problems that often afflict contracts.
Download or read book SEC News Digest written by and published by . This book was released on 1980 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lists documents available from Public Reference Section, Securities and Exchange Commission.
Download or read book UNCTAD Model Clauses on Marine Hull and Cargo Insurance written by United Nations Conference on Trade and Development and published by New York : United Nations. This book was released on 1989 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contractual Indemnities written by Wayne Courtney and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
