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Does private law punish? This collection answers this complex but
compelling question. Lawyers from across the spectrum of the law
(contract, tort, restitution) explore exactly how it punishes wrong
doing. These leading voices ask whether that punishment is
effective and what its societal role might be. Taking the
discussion out of the technical and into a broader realms of a
wider purpose, it is both compelling and thought-provoking.
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
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.
Does private law punish? This collection answers this complex but
compelling question. Lawyers from across the spectrum of the law
(contract, tort, restitution) explore exactly how it punishes wrong
doing. These leading voices ask whether that punishment is
effective and what its societal role might be. Taking the
discussion out of the technical and into a broader realms of a
wider purpose, it is both compelling and thought-provoking.
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