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Contractual Indemnities

Product Details

Table of Contents

Part I: Introduction 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

About the Author

Wayne Courtney is a Senior Lecturer in the Faculty of Law at the University of Sydney.


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, Volume 31, Part 3 * excellent book. ...Wayne Courtney has done a very good job of distilling centuries of English and Commonwealth case law on indemnities into a narrative that sets out the main principles of interpretation. His experiences as a practising lawyer and as an academic have undoubtedly contributed to making this a useful work. -- Mark Anderson * IP Draughts * 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 * Promises of indemnity are a commonplace in contracts of insurance and in other types of commercial contracts. This work (...) provides a detailed consideration of the law of indemnities. A text on this area of commercial enterprise is well overdue. * Banking and Finance *

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