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ARTICLE · 03 JANUARY 2023

Analysis Of Indemnity Under A Contract

Ahlawat & Associates
Ahlawat & Associates
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Ahlawat & Associates

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The term indemnity derives from the Latin word "indemnis," which denotes ‘to be unharmed or to have no losses or damages'.

IndiaCorporate/Commercial Law

The term indemnity derives from the Latin word “indemnis,” which denotes ‘to be unharmed or to have no losses or damages'. Since it includes loss resulting from a third party's action in addition to the party with a direct contractual obligation, the term “indemnity” has a broader connotation. On the other hand, damages, have a limited coverage and are strictly restricted to the parties to the contract. The fundamental tenet of indemnity is to put an individual back in the position or circumstances in which they were before the accrual of the liability. Additionally, regarding monetary damages, an indemnity grant may be greater than the actual adversity and may not accurately reflect the genuine adversity.

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