No Risk Allocation Need Apply: The Twisted Minnesota Law of Indemnification
Daniel S. Kleinberger
William Mitchell College of Law
William Mitchell Law Review, Vol. 13, No. 4, pp. 777-842, 1987
William Mitchell Legal Studies Research Paper No. 1987-01
Minnesota's law on indemnification agreements is the most restrictive in the country. To provide a basis for understanding the law's restrictions, this Article begins with an analysis of the rationale and functions of indemnification agreements. The Article then reviews the hostility of both the common and statutory law to indemnification agreements and argues that opponents of indemnification have acted without convincing reasons or supporting evidence in substituting government rules for private decision-making.
Number of Pages in PDF File: 69
Keywords: Contracts, Indemnification, Construction, Personal Injury, Workers' Compensation, Negligence, Indemnity, Strict Construction, Contribution, risk allocation, insurance, CGLAccepted Paper Series
Date posted: February 28, 2010 ; Last revised: March 4, 2010
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