By Wayne Courtney
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.
Part I: Introduction
Part II: General Principles
2 The Nature of the Promise of Indemnity
4 The Scope of the Indemnity
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