| Description |
1 online resource (337 p.) |
| Series |
Contemporary Commercial Law Ser |
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Contemporary Commercial Law Ser
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| Contents |
Cover -- Half Title -- Series -- Title -- Copyright -- Contents -- Detailed Contents -- List of contributors -- Editors' preface -- Table of cases -- Table of statutes and Model Form Contracts -- Part I Selected Topics -- Chapter 1 The Development of Knock-For-Knock Clauses in the Last 15 Years -- 1 Introduction -- 1.1 Definition -- 1.2 Essential meaning of a K4K clause -- 1.3 Historical genesis of the K4K clause -- 2 Issues in using, implementing and enforcing K4K clauses -- 3 Various uses -- 3.1 SUPPLYTIME 2005 -- 3.2 Insurance and P&I clubs -- 3.3 Use in offshore contracts -- 4 Modern use |
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4.1 The BIMCO SUPPLYTIME 2017 -- 5 A historical encounter of the K4K clauses in the shipping and in the offshore oil and gas sectors -- 6 The evolution of K4K clauses in standard contracts and in English case law -- 6.1 The significance of the Piper Alpha litigation -- 7 The contribution of other jurisprudence to the historical evolution of K4K clauses -- 7.1 US jurisprudence -- 7.2 Deepwater Horizon -- 7.3 Brazil -- 7.4 Germany -- 7.5 Australia -- 7.6 Nordic countries -- the history and validity of K4K clauses from a comparative perspective -- 7.7 Later judicial trends -- 7.8 The way forward |
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8 Conclusive critique -- Chapter 2 An Introduction to Risk Allocation in Oil and Gas Contracts From an English Law Perspective -- 1 Introduction -- 2 Indemnification and related concepts -- 2.1 Introduction to the concept of indemnification -- 2.2 Indemnity and hold harmless clauses -- 2.3 Mutual indemnity and mutual indemnity and hold harmless clauses -- 3 Indemnity and hold harmless provisions in the oil and gas context -- 3.1 Introduction to simple indemnity and hold harmless clauses in oil and gas contracts |
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3.2 Introduction to mutual indemnity and hold harmless clauses in oil and gas contracts -- 3.3 The rationale for a mutual indemnity and hold harmless regime in the oil and gas context -- 3.4 Back-to-back indemnity and hold harmless provisions in oil and gas contracts -- 3.5 Qualified indemnity and hold harmless provisions -- 4 Selected further issues in indemnification law and practice in the UKCS -- 4.1 Statutory control of indemnity and hold harmless clauses -- 4.2 The law's default settings: the normal presumptions about the distribution of risk -- 4.3 The position of third parties |
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5 Interpreting indemnity and hold harmless clauses -- 5.1 The traditional approach to interpretation -- The general rules -- Interpretation contra proferentem -- Towards contextualism (and back again) -- 6 Some known problems of drafting and interpretation -- 6.1 Contra proferentem and the problem of negligence and breach of statutory duty -- 6.2 Words delimiting the circumstances in which the indemnity and hold harmless provision will take effect -- 6.3 Multi-party issues -- 6.4 "Full and primary" -- 6.5 Definitional issues -- Company groups -- Employees and personnel -- Property |
| Summary |
This book examines contractual limitation, principles and practice through the use of knock-for-knock indemnity clauses. The book is useful for lawyers, economists and businesspeople who draft, negotiates or manage contracts in all industries where liability is dealt with in this way |
| Notes |
Description based upon print version of record |
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7 The problem of multiple parties |
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Dr. Kristoffer Svendsen is Associate Professor at the University of Stavanger and Kristiania University College. He is also a Senior Research Fellow at Tulane Center for Energy Law and an Associate Member of Aberdeen University Centre for Energy Law. Kristoffer is specialized in the interaction of petroleum law, environmental law and tort law. His research interests are conventional energy law, renewable energy law, torts and contracts. Kristoffer has been working in Brussels, Moscow, and the USA, and is admitted as an Attorney-at-law in New York and a solicitor in New South Wales. Dr. Endre Stavang is Professor of Law at the University of Oslo and was a Visiting Scholar in Residence at the University of Arizona James E. Rogers College of Law (2012-2013). He initiated the Research Group on Natural Resource Law at the University of Oslo and leads its property team. Endre's scholarship focuses on property theory, liability regimes, environmental law, and law and economics. Stavang was a Fulbright research scholar for one year at Yale Law School and has hands on experience as an appellate court judge and an in-house oil, gas, and energy lawyer in Norway. Dr. Greg Gordon is Professor of Law and Head of School of Law at University of Aberdeen. He previously served as Deputy Head of School and as the Co-Director for Aberdeen University Centre for Energy Law. Before joining the University of Aberdeen, Greg worked in Aberdeen and London as a solicitor specialising in litigation, primarily in the oil and gas sector. His principal teaching and research interests are in energy law (particularly upstream oil and gas law), delict/tort and commercial contracting. Greg is an editorial board member of the Stair Memorial Encyclopedia, a local committee member of the Association of International Petroleum Negotiators, and a Fellow of the Higher Education Academy |
| Subject |
Indemnity against liability.
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Hold harmless agreements.
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LAW / Torts
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LAW / Contracts
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BUSINESS & ECONOMICS / Business Law
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| Form |
Electronic book
|
| Author |
Stavang, Endre.
|
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Gordon, Greg.
|
| ISBN |
9781000834017 |
|
1000834018 |
|
9781003206798 |
|
1003206794 |
|
9781000834031 |
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1000834034 |
|
