The Nature of Contractual Indemnities
University of Sydney - Faculty of Law
August 2, 2011
Journal of Contract Law, Vol. 27, No. 1, pp. 1-17, 2011
Sydney Law School Research Paper No. 11/41
Promises by one party “to indemnify” or “to save harmless” another party take many different forms and appear in many different kinds of contracts. It is clear, however, that not all indemnities possess identical characteristics. So what, then, is the essential characteristic of a promise of indemnity? The article examines various types of indemnities and argues that the defining quality of an indemnity is that it is a promise of exact protection.
Number of Pages in PDF File: 18
Keywords: contract, indemnity, indemnities, damages
JEL Classification: K10, K12, K30
Date posted: August 3, 2011
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