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

Edited by: Kristoffer Svendsen, Endre Stavang, Greg Gordon

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, Mr Justice Morison, as "crude".

A specialist contributor team of international experts examines the origin, application and effect of these clauses in important jurisdictions, and their impact in different industries such as oil & gas, shipping, construction and insurance, through the lenses of both economic and legal analysis.

The book is of use for lawyers, economists and businesspeople who draft, negotiate or manage contracts in industries where liability is dealt with in this way, and is also of interest to students, academics, and policy makers.

Where can I buy Knock-for-Knock Indemnities and the Law?

You can order it directly from CLNZ Books: Knock-for-Knock Indemnities and the Law: Contractual Limitation and Delictual Liability.

Q&A

What are knock-for-knock indemnity clauses?
Clauses under which each party agrees to bear certain losses it suffers itself, regardless of fault, commonly used in oil & gas, shipping, construction and insurance contracts.

Who is this book for?
Lawyers, economists and businesspeople who draft, negotiate or manage contracts allocating liability this way, as well as academics and policy makers.

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How to Order