The Nature of Contractual Indemnities

Journal of Contract Law, Vol. 27, No. 1, pp. 1-17, 2011

Sydney Law School Research Paper No. 11/41

18 Pages Posted: 3 Aug 2011

See all articles by Wayne Benjamin Courtney

Wayne Benjamin Courtney

National University of Singapore (NUS) - Faculty of Law

Date Written: August 2, 2011

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.

Keywords: contract, indemnity, indemnities, damages

JEL Classification: K10, K12, K30

Suggested Citation

Courtney, Wayne Benjamin, 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: https://ssrn.com/abstract=1904095

Wayne Benjamin Courtney (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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