NettetIn contract law, an indemnity is a contractual obligation of one party (the indemnitor) to compensate the loss incurred by another party (the indemnitee) due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". NettetIn most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party’s actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party. It is also known as a “hold harmless” clause, because one party will hold harmless the ...
Spotlight on contractual indemnities - Osborne Clarke
NettetOn a like for like basis, an indemnity better than an award of common law damages, whether its for a breach of warranty or not. When an indemnity covers the same loss as a damages claim, indemnities almost invariably give rise to a claim which is higher in amount than the breach of warranty claim. That's for a number of reasons. Nettet21. apr. 2024 · A hold harmless clause is a promise by an indemnifier to hold the indemnified party ‘harmless’ against any loss they may suffer. As a result, this clause … smith dray line candler nc
Guide to Indemnity Clauses in Singapore Commercial Contracts
Nettet1. mai 2013 · In the case of a “hold harmless” obligation, the party giving the indemnity will effectively be in breach of the contract as soon as the indemnified party suffers any … NettetIf the "hold harmless" obligation is omitted, the indemnifying party does not become responsible for losses until the indemnified party makes payment. In addition, the … Nettet1. mar. 2024 · The meaning of the phrase "hold harmless" has been discussed in a number of cases notably in the Supreme Court in Farstad Supply v Enviroco, in a case … ritualist portland maine