The Nature of Contractual Indemnities

Courtney, Wayne

Abstract

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The Nature of Contractual Indemnities

Wayne Courtney

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

Abstract:
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

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Date posted: August 3, 2011

Suggested Citation

Courtney, Wayne, The Nature of Contractual Indemnities (August 2, 2011). Journal of Contract Law, Vol. 27, No. 1, pp. 1-17, 2011; Sydney Law School Research Paper No. 11/41. Available at SSRN: http://ssrn.com/abstract=1904095

Contact Information

Wayne Courtney (Contact Author)

University of Sydney - Faculty of Law ( email )

Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia