Contractual Indemnities
“Contractual Indemnities” by Wayne Courtney, published by Bloomsbury Academic on December 17, 2015, is a comprehensive examination of indemnity promises found in various commercial contracts beyond the realm of insurance. This reprint edition spans 368 pages and is presented in English, offering a detailed account of the nature and effects of contractual indemnities under English law. The book lays a coherent theoretical foundation while addressing practical issues related to the construction and enforcement of indemnities.
Readers will find a thorough analysis that begins with general principles applicable to indemnities and progresses to specific forms, including indemnities against third-party liabilities and non-performance. The text draws on materials from other common law jurisdictions, such as Australia, Canada, New Zealand, and Singapore, making it relevant for a broader audience. This scholarly work aims to assist legal practitioners, litigators, and judges in navigating the complexities of indemnity clauses and their enforcement.
Official synopsis Publisher
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.
Reviews
‘Overall, the book involves a close analysis of cases and dicta both in Australia and in other countries, notably the United Kingdom. In this respect it is a meticulous, scholarly and thorough work … In setting out the principles which emerge from the [indemnity] cases, the book reminds the reader of the importance of the clauses in those cases. This book will greatly assist the drafting process’.
Malcolm A Clarke, Journal of Contract Law
‘This is a scholarly text which covers in meticulous detail the full range of issues associated with indemnities: not simply the technical issues of their nature and their construction, but also the more practical issues of their breach and enforcement. The author fulfils the stated aim “to provide a coherent account of the construction and enforcement of promises of indemnity”. This is a valuable and landmark work which should be of immense assistance to commercial practitioners, litigators and judges alike when confronted by indemnity problems’.
Rohan Havelock, New Zealand Business Law Quarterly
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