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  

Wayne Courtney

The University of Sydney Law School

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, 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 Courtney (Contact Author)

The University of Sydney Law School ( email )

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

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