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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 Publishing
ISBN: 9781032074085
Published In: March 2023
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,500.00

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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
Cindy Matherne Muller, Jeanne Amy & Jennifer David
Hold Harmless Clauses in France and Francophone Civil Law Systems
Paul Morton & Bertrand Montembault
14. Lessons from the Application of Knock-for-Knock Clauses under Malaysian Law
Wan Zulhafiz Zahari