Home >
Law >
Business / Commercial Law >
Knock-for-Knock Indemnities and the Law: Contractual Limitation and Delictual Liability

Knock-for-Knock Indemnities and the Law: Contractual Limitation and Delictual Liability

Author: Kristoffer Svendsen; Endre Stavang; Greg Gordon
Publisher: Informa Law from Routledge
ISBN: 9781032074085

Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781032074115

HKD 1,755.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

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.

PART I – SELECTED TOPICS

The Development of Knock-for-Knock Clauses in the last 15 years

Kyriaki Noussia and Hanieh Bolourian

An Introduction to Risk Allocation in Oil and Gas Contracts from an English Law Perspective

Greg Gordon

Contracting around Tort Defaults: the Knock-for-Knock Prinicple and Accident Costs

Gideon Parchomovsky & Endre Stavang

On Knock-for-Knock Clauses and Their Optimal Regulation

Henrik Lando

Knock-for-Knock Indemnity Provisions and Liability Insurance: Potentially Strange but Always Complicated Bedfellows

Jay R. Sever & Lauren E. Burk

Effect of Choice-of-Law on Knock-for-Knock Clauses

Uisdean Vass

PART 2 – KNOCK-FOR-KNOCK IN SPECIFIC JURISDICTIONS

Indemnity clauses in fabrication and construction contracts in Norway - Limiting and Channeling Liability under Offshore Construction Contracts in Norway

Knut Kaasen

The Obligation to Insure the Contract Object as Part of a Knock-for-Knock Agreement in Norway

Erik Brannsten

Liability and Insurance Clauses in Contracts for Vessel Services in the Norwegian Offshore Sector - the Knock for Knock Principle

Trine-Lise wilhelmsen

Contractual Risk Allocation in Upstream Oil and Gas vs. Statutory Liability Regulation: the Norwegian Situation

Kristoffer Svendsen

Applying Knock-for-Knock in Germany

Eckehard Volz & Anna-Sophie Waldmann

Knock-for-Knock under Brazilian Law

Márcio Araújo Opromolla & Felipe Boechem

The Implications of Litigation Post Deepwater Horizon on Knock-for-Knock Clauses in U.S. Law