Knock-for-Knock Indemnities and the Law
Knock-for-Knock Indemnities and the Law

Author: Kristoffer Svendsen

Publisher: Taylor & Francis

Published: 2023-03-15

Total Pages: 337

ISBN-13: 1000834018

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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.

The Law and Practice of Complex Construction Projects
The Law and Practice of Complex Construction Projects

Author: Fabio Solimene

Publisher: Taylor & Francis

Published: 2024-03-21

Total Pages: 670

ISBN-13: 1003856470

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Presenting readers with all the need-to-know information on complex construction projects within a single publication, this book expertly focuses on practical issues whilst also providing insights on the law applying to construction projects. As well as exploring individual subjects such as the negotiation of a contract, the evaluation of a claim or assistance in relation to contractual disputes, the book also creates an overarching understanding of the entire life of a project. It presents an inside view on the various stages of complex projects, from the moment they are conceived to the end of the contractual relation between employer and contractor, including any disputes between the parties. The reader will become familiar with the terminology used in the construction industry, the various phases of complex construction projects, the law applying to each phase and the various deliverables produced by the parties throughout the project. While including sections on the law applying to each phase, the book’s primary focus is on the practical aspects faced on a daily basis by practitioners working in the construction industry. This book is important reading for professionals involved in construction law at every level, including relevant academics, government employees and lawyers. It will also serve as a useful book for students, providing a comprehensive overview of the many factors and phases of a complex construction project.

Offshore Contracts and Liabilities
Offshore Contracts and Liabilities

Author: Baris Soyer

Publisher: CRC Press

Published: 2014-09-25

Total Pages: 652

ISBN-13: 1317746112

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Written by a team of top academics and highly-experienced legal practitioners, this is a very complex area of law. It provides both a critical analysis on contemporary legal issues concerning offshore contracts, and an in-depth account of the numerous liability regimes inherently connected to offshore operations. Key features of Offshore Contracts and Liabilities: Detailed insight into contemporary legal issues concerning offshore contracts, including Supplytime and Heavycon In-depth analysis of the current liability regimes with clear reference to contemporary industry practice Thorough examination of the current state of the law from national, regional and international perspectives Up-to-date coverage of hot topics such as liability for offshore installations, knock-for knock agreements in offshore contracts and recently-developed new standard forms, such as Windtime. This book is an indispensable guide for legal practitioners, academics and industry professionals worldwide

Liability and Compensation for Offshore Oil Pollution Damage in the Arctic
Liability and Compensation for Offshore Oil Pollution Damage in the Arctic

Author: Kristoffer Svendsen

Publisher: BRILL

Published: 2024-01-15

Total Pages: 541

ISBN-13: 9004548343

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This book is an essential contribution to understanding Russian law for English speakers. In a time when the energy markets in Europe are changing away from Russian dependence on oil and gas, Dr Svendsen explains what the legal consequences will be if we would experience cross-border harm as a result of an oil spill from offshore installations on the Norwegian and the Russian side of the sea border in the Barents Sea. This book examines Russian and Norwegian rules governing liability, choice-of-law, recognition and enforcement, damage, third-party losses, environmental harm, and valuation of environmental harm.

Causation in Insurance Contract Law
Causation in Insurance Contract Law

Author: Meixian Song

Publisher: Taylor & Francis

Published: 2024-02-15

Total Pages: 283

ISBN-13: 1003844855

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Causation is a crucial and complex matter in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim, and is an issue that cannot be escaped. Now in its second edition, this unique book assists practitioners in answering one of the most important questions faced in the handling of insurance and tort claims. Through extensive case law analysis, this book scrutinises the causation theory in marine insurance and non-marine insurance law, and provides a comparative study on the causation test in tort law. In addition, the author expertly applies causation questions in concrete scenarios, and ultimately, this book provides a single volume solution to a very complex but essential question of insurance law and tort law. Thoroughly revised and updated throughout to include the Insurance Act 2015, several landmark cases and potential impacts of the Covid-19 pandemic, the second edition also features an introduction re-written to clarify elementary and central questions of causation in insurance law and tort. Additionally, it also provides three brand new chapters on Factual Causation and Legal Causation, Causation and Interpretation, and Causation and Measure of Losses to provide a deeper and more thorough analysis, comparing academic approaches and juridical approaches to addressing causation issues in insurance claims. This book is an invaluable and unique guide for insurance industry professionals, as well as legal practitioners, academics and students in the fields of insurance and tort law.

Understanding and Negotiating Construction Contracts
Understanding and Negotiating Construction Contracts

Author: Kit Werremeyer

Publisher: John Wiley & Sons

Published: 2023-05-31

Total Pages: 390

ISBN-13: 1394150210

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Understanding and Negotiating Construction Contracts The complexities of construction contracts are made easy with this thorough and readable guide Construction contracts can be complex for both owners and contractors. For contractors, negotiating fair and balanced commercial terms in contracts is just as important as properly managing projects; a properly negotiated contract can mitigate unnecessary risk and unnecessary risk transfer. This, in turn, reduces exposure to financial liability for the contractor and for avoidance of contract claims and disputes. Understanding and Negotiating Construction Contracts provides a comprehensive and readable introduction to the world of construction contracts. Providing, for example, coverage of the four most common types of contracts—lump sum/fixed-price, cost-plus, time-and-materials, and unit-pricing—it promises to reduce uncertainty and allow contractors to enter contractual negotiations with greater confidence to be able to achieve a fair and balanced contract. This updated new edition reflects the up-to-date best practices to understand how to better negotiate the commercial terms and conditions in construction contracts. Readers of the second edition of Understanding and Negotiating Construction Contracts will also find: Updated information on indemnity, insurance, and negotiation An all-new chapter with a contract analysis checklist Real-world examples drawn from small residential, retail, large commercial, and international projects Understanding and Negotiating Construction Contracts is essential for construction professionals and college students studying construction contracts and the liabilities arising out of them.

Risk Allocation and Distributive Justice in the Energy Industry
Risk Allocation and Distributive Justice in the Energy Industry

Author: Smith I Azubuike

Publisher: Edinburgh University Press

Published: 2024-09-30

Total Pages: 236

ISBN-13: 1399517732

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Brings the concept of gross negligence to the fore and highlights how distributive justice forms a better foundation for risk allocation in the offshore energy industry Assessed the practice of risk allocation in gross negligence cases in offshore petroleum drilling contracts Presented a public policy perspective on risk allocation in offshore drilling contracts Discussed gross negligence as a sui generis risk and provides a definitional pathway for determining when gross negligence has occurred and how it should apply to offshore energy drilling contracts to encourage a pollution-free drilling operation Advanced the concept of distributive justice as a basis for risk allocation between participants when a downside arises due to gross negligence This book examines the practice of risk allocation in the offshore energy industry through the public policy lens and offers a novel perspective on the concept of gross negligence in risk allocation. This perspective is founded on the proportionality element of distributive justice in burden distribution. The assessment of how mutual indemnity clauses apply as an absolute shield against liability arising from gross negligence reveals that moral hazard can result from the practice. In the analysis, this book considers the risk allocation practice in PSC and Concession regimes and how parties' liability is determined in drilling contracts. This book considers gross negligence a sui generis risk and provides a definitional pathway for determining when gross negligence occurs and how it should apply to offshore drilling contracts. Thus, it advances an environmental sustainability approach to offshore petroleum drilling operations. This book will be useful to operators and contractors, resource-rich countries, insurance companies, practitioners, scholars, and academics interested in risk allocation in the petroleum industry.

Oil and Gas Law in the UK
Oil and Gas Law in the UK

Author: Moe Alramahi

Publisher: Bloomsbury Publishing

Published: 2015-06-30

Total Pages: 279

ISBN-13: 1784511021

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The UK Oil and Gas industry has evolved at unprecedented speed over the past four decades. It has attracted a great deal of attention from a range of industry players and regulators throughout the world. This is largely because the petroleum industry brings together the most powerful public and private actors in the form of states and trans-national corporations. Oil and Gas Law provides a comprehensive overview of the central legal issues in the UK oil and gas industry today. It is essential reading for the wide range of players in the oil and gas industry, including policy makers, researchers and academics. Oil and Gas Law covers such important topics as: Ownership of oil and gas law; Operating in the UKCS; Oil and gas contracting in the UK; Oil and gas taxation; Dispute resolution in oil and gas contracting; Environmental regulation in UKCS; Health and Safety issues; Renewable energy issues; Decommissioning. Written in a clear and reader-friendly style this is an invaluable source of reference for all those requiring up-to-date guidance on legal issues affecting the UK oil and gas industry.

Company Directors' Liability and Creditor Protection
Company Directors' Liability and Creditor Protection

Author: Andrew Keay

Publisher: Taylor & Francis

Published: 2023-06-23

Total Pages: 398

ISBN-13: 0429561202

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The book provides an analytical exposition of the law concerning directors’ liability for the losses sustained by their companies’ creditors, when the directors’ companies are in financial distress or become insolvent. It is a detailed one-stop resource for obtaining a good understanding of the law which has developed from legislation and case law. In particular, there is a detailed consideration of what needs to be proved, what defences there are, and what might be the issues of concern for all parties. A doctrinal method is adopted and there is extensive analysis of the relevant legislation and case law. Rather than merely referring to cases to support propositions, the discussion considers many of the cases in context and in depth and their relevance to the aim of the book. The book also endeavours to provide views, in a practical way, on aspects of the law and it identifies problems and how they may be addressed. Of interest to legal practitioners and insolvency practitioners alike, in addition the book will be useful to directors, government officials and academics.