Contractual Indemnities, 2nd Edition

Author

Wayne Courtney

ISBN: 9781509984121
Published: May 2026
Format: Hardcover
Language: English
Publisher: Hart Publishing

Description

This much-welcomed new edition examines all recent developments in the field of contractual indemnities. The landmark first edition provided a coherent theory of the promise of indemnity while addressing important practical issues such as the construction of contractual indemnities. This new edition retains its hallmark dual perspective: setting out the foundational general principles and exploring specific forms of indemnity, while adding substantial new case law analysis.

Key Features

• Fully updated second edition of the leading text on contractual indemnities in English law
• New discussion of illegality post Patel v Mirza
• Extended treatment of implied indemnities
• Examines the impact of Woods v Capita Insurance Services Ltd
• New coverage of performance bonds, guarantees and indemnities
• Draws on case law from Australia, Canada, New Zealand and Singapore alongside English law

Coverage

The book examines the nature and effect of contractual indemnities outside the insurance context, approached from two perspectives. The foundations cover the nature of indemnity promises, general principles of construction, the determination of scope, and enforcement. The second part moves from the general to the specific, examining indemnities against liability to third parties, indemnities against default or non-performance by third parties, and indemnities against breach of contract by the indemnifier, along with performance bonds and guarantees.

About the Author

Wayne Courtney is Professor of Law at the National University of Singapore. His previous edition of this work was praised as "a meticulous, scholarly and thorough work" (Journal of Contract Law) and "a valuable and landmark work" for commercial practitioners, litigators and judges (New Zealand Business Law Quarterly).

Table of Contents

Part I: Introduction — Part II: General Principles (The Nature of the Promise of Indemnity; Construction; The Scope of the Indemnity; Enforcement) — Part III: Particular Indemnities (Claims by or Liabilities to Third Parties; Claims by or Liabilities to the Indemnifier; Non-Performance by a Third Party; Breach of Contract by the Indemnifier; Performance Bonds and Guarantees).

Why buy this book?

This is the only detailed, dedicated account of contractual indemnities in English law, now fully updated with a decade of new case law including Patel v Mirza and Woods v Capita. Essential for commercial litigators, contract drafters and law libraries serving practitioners across the common law world.

Keywords

Contractual indemnities, indemnity clauses, commercial contracts, performance bonds, guarantees, construction of contracts, English contract law

Target Audience

Commercial litigators, contract drafters, in-house counsel, corporate lawyers, law libraries, academics

Genre

Contract Law, Commercial Law, Law Books

Frequently Asked Questions

What is a contractual indemnity? A promise, found in many commercial contracts beyond insurance, to compensate another party for specified loss or liability.

What's new in the 2nd edition? New material on illegality post Patel v Mirza, extended coverage of implied indemnities, analysis of Woods v Capita Insurance Services Ltd, and new discussion of performance bonds and guarantees.

Does the book cover jurisdictions beyond England? Yes, it draws on case law from Australia, Canada, New Zealand and Singapore alongside English law.

Who is this book for? Commercial litigators, contract drafters, in-house counsel and academics working with indemnity clauses.

Where can I buy Contractual Indemnities 2nd ed? Directly from CLNZ Books at clnzbooks.com. Price includes worldwide courier shipping, and payment is accepted by credit card or PayPal.

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Frequently Asked Questions

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