Full Description
This much welcomed new edition examines all recent developments in the field of contractual indemnities.
The first edition of this landmark text provided a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. This new edition retains its hallmark dual perspective: setting out the foundational general principles and exploring specific forms of indemnity.
This new edition also explores illegality post Patel v Mirza; extends the discussion of implied indemnities; examines the impact of Woods v Capita Insurances Services Ltd; and looks at performance bonds, guarantees and indemnities. 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.
Contents
Part I
1. Introduction
Part II: General Principles
2. The Nature of the Promise of Indemnity
3. Construction
4. The Scope of the Indemnity
5. Enforcement
Part III: Particular Indemnities
6. Claims by or Liabilities to Third Parties: Classification and Establishing Loss
7. Claims by or Liabilities to Third Parties: Performance and Enforcement
8. Claims by or Liabilities to the Indemnifier
9. Non-Performance by a Third Party
10. Breach of Contract by the Indemnifier
