Indemnities Against Breach and Settlements of Third Party Claims

Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011

Sydney Law School Research Paper No. 11/42

15 Pages Posted: 3 Aug 2011  

Wayne Courtney

The University of Sydney Law School

John Carter

The University of Sydney Law School

Date Written: August 2, 2011

Abstract

The licensee under an intellectual property licensing agreement often requests two forms of protection against possible infringements of another’s intellectual property rights. First, a warranty that the licensor is entitled to grant a license of the relevant rights. Second, an indemnity from the licensor in respect of third party claims of infringement. The article considers the scope of such promises and the relationship between them. The article also considers more general issues relating to the handling and settlement of third party claims by an indemnified party.

Keywords: contract, indemnity, warranty, intellectual property, settlement, breach, damages, mitigation

JEL Classification: K10, K12, K30

Suggested Citation

Courtney, Wayne and Carter, John, Indemnities Against Breach and Settlements of Third Party Claims (August 2, 2011). Journal of Contract Law, Vol. 27, No. 3, pp. 265-278, 2011; Sydney Law School Research Paper No. 11/42. Available at SSRN: https://ssrn.com/abstract=1904080

Wayne Courtney (Contact Author)

The University of Sydney Law School ( email )

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

John Carter

The University of Sydney Law School ( email )

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

Paper statistics

Downloads
331
Rank
72,812
Abstract Views
1,435