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  • 1
    UID:
    almahu_9949501421002882
    Format: 1 online resource (337 p.).
    ISBN: 9781000834017 , 1000834018 , 9781003206798 , 1003206794 , 9781000834031 , 1000834034
    Series Statement: Contemporary Commercial Law Ser.
    Content: This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. The book is useful for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way.
    Note: Description based upon print version of record. , 7 The problem of multiple parties , Cover -- Half Title -- Series -- Title -- Copyright -- Contents -- Detailed Contents -- List of contributors -- Editors' preface -- Table of cases -- Table of statutes and Model Form Contracts -- Part I Selected Topics -- Chapter 1 The Development of Knock-For-Knock Clauses in the Last 15 Years -- 1 Introduction -- 1.1 Definition -- 1.2 Essential meaning of a K4K clause -- 1.3 Historical genesis of the K4K clause -- 2 Issues in using, implementing and enforcing K4K clauses -- 3 Various uses -- 3.1 SUPPLYTIME 2005 -- 3.2 Insurance and P&I clubs -- 3.3 Use in offshore contracts -- 4 Modern use , 4.1 The BIMCO SUPPLYTIME 2017 -- 5 A historical encounter of the K4K clauses in the shipping and in the offshore oil and gas sectors -- 6 The evolution of K4K clauses in standard contracts and in English case law -- 6.1 The significance of the Piper Alpha litigation -- 7 The contribution of other jurisprudence to the historical evolution of K4K clauses -- 7.1 US jurisprudence -- 7.2 Deepwater Horizon -- 7.3 Brazil -- 7.4 Germany -- 7.5 Australia -- 7.6 Nordic countries -- the history and validity of K4K clauses from a comparative perspective -- 7.7 Later judicial trends -- 7.8 The way forward , 8 Conclusive critique -- Chapter 2 An Introduction to Risk Allocation in Oil and Gas Contracts From an English Law Perspective -- 1 Introduction -- 2 Indemnification and related concepts -- 2.1 Introduction to the concept of indemnification -- 2.2 Indemnity and hold harmless clauses -- 2.3 Mutual indemnity and mutual indemnity and hold harmless clauses -- 3 Indemnity and hold harmless provisions in the oil and gas context -- 3.1 Introduction to simple indemnity and hold harmless clauses in oil and gas contracts , 3.2 Introduction to mutual indemnity and hold harmless clauses in oil and gas contracts -- 3.3 The rationale for a mutual indemnity and hold harmless regime in the oil and gas context -- 3.4 Back-to-back indemnity and hold harmless provisions in oil and gas contracts -- 3.5 Qualified indemnity and hold harmless provisions -- 4 Selected further issues in indemnification law and practice in the UKCS -- 4.1 Statutory control of indemnity and hold harmless clauses -- 4.2 The law's default settings: the normal presumptions about the distribution of risk -- 4.3 The position of third parties , 5 Interpreting indemnity and hold harmless clauses -- 5.1 The traditional approach to interpretation -- The general rules -- Interpretation contra proferentem -- Towards contextualism (and back again) -- 6 Some known problems of drafting and interpretation -- 6.1 Contra proferentem and the problem of negligence and breach of statutory duty -- 6.2 Words delimiting the circumstances in which the indemnity and hold harmless provision will take effect -- 6.3 Multi-party issues -- 6.4 "Full and primary" -- 6.5 Definitional issues -- Company groups -- Employees and personnel -- Property
    Additional Edition: Print version: Svendsen, Kristoffer Knock-For-Knock Indemnities and the Law Milton : Informa Law,c2023 ISBN 9781032074085
    Language: English
    Library Location Call Number Volume/Issue/Year Availability
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  • 2
    UID:
    gbv_1817806394
    Format: xl, 296 Seiten , Illustrationen , 26 cm
    ISBN: 9781032074085 , 9781032074115
    Series Statement: Contemporary commercial law
    Content: "This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. In using such clauses, the parties agree that for certain forms of potential liability - typically property damage, personal injury to employees, and sometimes other heads of claim such as consequential loss - any loss arising will be absorbed by the party who suffers it: "you look after your losses, I'll look after mine." It is an apparently simple, pragmatic and neat solution to the question of who bears liability: a risk allocation model so straightforward that it was described by one experienced English judge, Honorable Mr. Justice Morison, as "crude". A specialist contributor team of international experts, examine the origin, application and effect of these clauses in important jurisdictions, their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analyses. The book is of use for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way. It is also of interest to students, academics, and policy makers"--
    Additional Edition: ISBN 9781003206798
    Additional Edition: Erscheint auch als Online-Ausgabe Svendsen, Kristoffer Knock-For-Knock Indemnities and the Law Milton : Informa Law, 2023 ISBN 9781000834017
    Language: English
    Keywords: Freizeichnungsklausel ; Schadensersatz
    Library Location Call Number Volume/Issue/Year Availability
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