The Knock-for-Knock Principle under Danish Law - Sandroos ...

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Norway• Generally accepts indemnity/limitation clauses• Only partly tested once, in Sleipner A-litigation• Standard contracts NF05, NTK05, NSC – agreed documents• Norwegian Contracts Act §36 (as in Denmark)• §36 is a general clause likely to replace the often ”hidden” strictinterpretation by the courts• Legal theory asserts the need for construing the clauses accordingcommercial needs and considerations, including insurances• Agreed documents• Access to the best advisors, commercial and legal• Large values, long term investments need for predictability• The ”bar” for §36 will be raised considerably01/12/2010 SANDROOS18
Knock-for-Knock Clauses underDanish Law• Regulatory starting point• Legal theory• Some case law01/12/2010 SANDROOS19
Page 1 and 2: The Knock-for-KnockPrinciple under
Page 3 and 4: Physical Loss, Damage or Injury•
Page 5 and 6: The Contractual Solution• Regulat
Page 8 and 9: Knock-for-Knock ComponentsCoverage
Page 10 and 11: Principal Reservations• No incent
Page 12 and 13: What kind of liabilities can you Li
Page 14 and 15: Summing Up - Knock-for-KnockDraftin
Page 16 and 17: US• Federal law - state law• On
Page 20 and 21: Regulatory Starting Point• Contra
Page 22 and 23: Case LawUfR 1999.1161 H• Transpor
Page 24 and 25: Other Case LawSmit vs. Mobius (2001
Page 26: The Knock-for-KnockPrinciple under

The Knock-for-Knock Principle under Danish Law - Sandroos ...

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