Journal of Contract Law, Vol. 27, No. 1, pp. 1-17, 2011
18 Pages Posted: 3 Aug 2011
Date Written: August 2, 2011
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: 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: https://ssrn.com/abstract=1904095