An indemnity is a commitment by one party in a contract to compensate another party for a loss. What does the word indemnify mean in legal terms?
To indemnify another party is to compensate that party for losses that that party has incurred or will incur as related to a specified incident.
What does it mean to release and indemnify?
Unlike a release, which suppresses a cause of action, an indemnity creates a potential cause of action between the indemnitee and the indemnitor. … A release extinguishes any actual or potential claims the releasor may have against the releasee without regard to third parties. What does indemnitee mean?
The indemnitor, also called the indemnifier, or indemnifying party, is the person who is obligated to hold harmless the other party for its conduct, or another person’s conduct. The indemnitee, also called the indemnified party, refers to the person who receives indemnification.
What does indemnitee name mean?
Indemnitee is based on indemnity, which comes from the Latin indemni(s), meaning “without loss” or “uninjured.” … Insurance coverage gives the policyholder indemnity, meaning it protects against financial liability for damages or loss. What happens when you indemnify someone?
To indemnify someone is to absolve that person from responsibility for damage or loss arising from a transaction. Indemnification is the act of not being held liable for or being protected from harm, loss, or damages, by shifting the liability to another party.
Frequently Asked Questions(FAQ)
Shall not indemnify meaning?
LAW. to protect someone from having legal responsibility for something: idemnify sb against sth. Directors cannot be indemnified against liability for negligence.
Why do you need an indemnity clause?
In most contracts, an indemnification clause serves to compensate a party for harm or loss arising in connection with the other party’s actions or failure to act. The intent is to shift liability away from one party, and on to the indemnifying party.
Who can be an Indemnifier?
Parties under Indemnity Contracts There are generally two parties in indemnity contracts. The person who promises to indemnify for a loss is the Indemnifier. On the other hand, the person whose losses the indemnifier promises to make good is the Indemnified.
Who is Indemnifier and indemnified?
There are two parties involved in the Contract of Indemnity. The two parties are: Indemnifier: Someone who protects against or compensates for the loss of the damage received. Indemnified/Indemnity-holder: The other party who is compensated against the loss suffered.
What is the difference between guarantor and Indemnifier?
Does hold harmless indemnify?
Meaning– A hold harmless provision means that an organization is not liable for certain damages under an Agreement. This clause effectively bars the party responsible for indemnification from bringing suit against the party being indemnified.
What is the difference between a release and indemnity?
A “release” is a discharge of obligations. An “indemnity” is an undertaking or a legally binding promise whereby one party agrees to accept the risk of loss or damage the other party may incur as a result of a transaction or event occurring.
What is an indemnity agreement?
An Indemnity Agreement is a contract between two parties that protects one party from liabilities, losses, claims, and damages during their involvement in an activity. In an Indemnity Agreement there are two parties: the indemnitee and the indemnifier. The indemnitee is the party protected by the agreement.
Who is indemnified party?
“Indemnified Party” means any Person seeking indemnification from another Person pursuant to Article VIII. “Indemnifying Party” means any Person against whom a claim for indemnification is asserted by another Person pursuant to Article VIII. “Third Party Claim” has the meaning set forth in Section 8.7.
Who is the indemnitee in a hold harmless agreement?
Indemnitee — the person or organization that is held harmless in a contract (by the indemnitor).
What are the rights of Indemnifier?
The indemnifier has a right to get the title of the goods after the settlement and has the right to sue the third party claiming the damages. It is the duty of indemnifier to indemnify promisee against damages, cost and all sums in any suit of a matter where the former promised the latter to indemnify him.
How do indemnities work?
Indemnity is a contractual agreement between two parties. In this arrangement, one party agrees to pay for potential losses or damages caused by another party. … With indemnity, the insurer indemnifies the policyholder—that is, promises to make whole the individual or business for any covered loss.
Who is the indemnitor?
Indemnitor — the person or organization that holds another (the indemnitee) harmless in a contract.
What is indemnity and guarantee?
Indemnity is when one party promises to compensate the loss occurred to the other party, due to the act of the promisor or any other party. On the other hand, the guarantee is when a person assures the other party that he/she will perform the promise or fulfill the obligation of the third party, in case he/she default.
What is the opposite of indemnify?
indemnify. Antonyms: fine, mulct, amerce. Synonyms: compensate, se cure, satisfy, reimburse.
What is an example of indemnity?
Indemnity is compensation paid by one party to another to cover damages, injury or losses. … An example of an indemnity would be an insurance contract, where the insurer agrees to compensate for any damages that the entity protected by the insurer experiences.
What can you indemnify against?
Depending on the way the clause is drafted, indemnity can cover: all loss caused by the trigger event: the clause can be drafted very broadly, so that the indemnifying party has to pay for all loss ‘arising out or in connection’ with the trigger event, no matter how remote or indirect it may be.
Shall indemnify and hold harmless meaning?
For example, the term indemnify is used when a business hopes to protect itself against claims from a customer’s error, while a hold harmless clause prevents a business from taking any responsibility for a customer’s mistake.
How do you avoid an indemnity clause?
Strategies for Avoiding Unfavorable Provisions
- Review indemnity provisions before finalizing contracts. Before signing, thoroughly review every contract to which your institution is a party. …
- Draft model indemnity language. …
- Publicize and educate relevant people about the process.
How do you use indemnify in a sentence?
Indemnify in a Sentence
- Since Kurt was driving drunk, the insurance company will not indemnify him from the property damage he caused.
- The trucking company will indemnify the victim of the car accident caused by the sleeping trucker.
What is the basic principle of indemnity?
Principle of Indemnity states that the insured shall be compensated appropriately for the losses caused to the goods by the insurer, only to the extent that the insurer does not make a profit out of the loss that occurred.
What is a separability clause?
Legal Definition of severability clause : a clause (as in a contract) which states that provisions are severable especially : a clause in a statute that makes the statute’s parts or provisions severable so that one part can be invalidated without invalidating the whole. — called also separability clause.
Can an indemnity claim be refused?
Many customers assume they can claim on their professional indemnity insurance if their client is refusing to pay an invoice. And, unfortunately, they can’t. Professional indemnity can only help when a client is unhappy with your work and claims to be out of pocket because of it.
Graduated from ENSAT (national agronomic school of Toulouse) in plant sciences in 2018, I pursued a CIFRE doctorate under contract with Sun’Agri and INRAE in Avignon between 2019 and 2022. My thesis aimed to study dynamic agrivoltaic systems, in my case in arboriculture. I love to write and share science related Stuff Here on my Website. I am currently continuing at Sun’Agri as an R&D engineer.