Knock-for-Knock Indemnities and the Law: Contractual Limitation and Delictual Liability
English | 2023 | ISBN: 1032074086 | 337 Pages | PDF (True) | 3.2 MB
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".