Indemnity And Exclusion Clauses
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Indemnity And Exclusion Clauses
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Author : David Downie
language : en
Publisher:
Release Date : 2013-01-01
Indemnity And Exclusion Clauses written by David Downie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with categories.
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.
Exemption Clauses And Unfair Terms
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Author : Elizabeth J. Macdonald
language : en
Publisher: Bloomsbury Professional
Release Date : 1999
Exemption Clauses And Unfair Terms written by Elizabeth J. Macdonald and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
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.
Contractual Exclusions And Indemnities Of Liability For Negligence
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Author : Barbara McDonald
language : en
Publisher:
Release Date : 2008
Contractual Exclusions And Indemnities Of Liability For Negligence written by Barbara McDonald and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
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.
The Function Of Indemnity Clauses In The Context Of Brian Coote S The Essence Of Contract Theory
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Author : Akinwale A. Awe
language : en
Publisher:
Release Date : 2017
The Function Of Indemnity Clauses In The Context Of Brian Coote S The Essence Of Contract Theory written by Akinwale A. Awe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Contracts categories.
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.
Exclusion Clauses In Contracts
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Author : David Yates
language : en
Publisher:
Release Date : 1982
Exclusion Clauses In Contracts written by David Yates and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Breach of contract categories.
Contractual Risk Allocation
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Author : David Downie
language : en
Publisher: Blue Peg Publisher
Release Date : 2012-11-23
Contractual Risk Allocation written by David Downie and has been published by Blue Peg Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-23 with Commercial law categories.
Every commercial transaction involves risk. Negotiating the terms of a contract that gives effect to a transaction provides an opportunity to transfer that risk to someone else through the use of common drafting mechanisms including warranties, indemnities, exclusion clauses and insurance clauses. 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.
Exclusion Clauses And Unfair Contract Terms
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Author : R. G. Lawson
language : en
Publisher: Sweet & Maxwell
Release Date : 2011
Exclusion Clauses And Unfair Contract Terms written by R. G. Lawson and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.
The Managers Guide To Understanding Indemnity Clauses
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Author : Frank Adoranti
language : en
Publisher: Global Professional Publishi
Release Date : 2006
The Managers Guide To Understanding Indemnity Clauses written by Frank Adoranti and has been published by Global Professional Publishi this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Clauses (Law) categories.
* 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.
Exclusion Clauses
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Author : R. G. Lawson
language : en
Publisher:
Release Date : 1990
Exclusion Clauses written by R. G. Lawson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Clauses (Law) categories.
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.
Unctad Model Clauses On Marine Hull And Cargo Insurance
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Author : United Nations Conference on Trade and Development
language : en
Publisher: New York : United Nations
Release Date : 1989
Unctad Model Clauses On Marine Hull And Cargo Insurance written by United Nations Conference on Trade and Development and has been published by New York : United Nations this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Business & Economics categories.