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Hold harmless: Difference between revisions
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{{g}}{{d|hold harmless|/həʊld/ /ˈhɑːmlɪs/|n| | {{g}}{{d|hold harmless|/həʊld/ /ˈhɑːmlɪs/|n|}} ''pl: hold'''s''' harmless'' | ||
==In brief== | |||
A [[hold harmless]] is thus a slightly odd undertaking, because as a general proposition, a contracting party would not be liable for losses the other suffers unless they are caused by its [[breach of contract]] — that is, a [[hold harmless]] isolates a party from a liability it shouldn’t have under a [[contract]] in the first place. It may operate to shut down an argument based on an [[implied term]], or prevent a claim in [[tort]] arising from faithful performance of the contract that somehow breaches a non-contractual [[duty of care]] to the other party (don’t get me started on [[concurrent liability]]). | A [[hold harmless]] is thus a slightly odd undertaking, because as a general proposition, a contracting party would not be liable for losses the other suffers unless they are caused by its [[breach of contract]] — that is, a [[hold harmless]] isolates a party from a liability it shouldn’t have under a [[contract]] in the first place. It may operate to shut down an argument based on an [[implied term]], or prevent a claim in [[tort]] arising from faithful performance of the contract that somehow breaches a non-contractual [[duty of care]] to the other party (don’t get me started on [[concurrent liability]]). | ||
{{ | {{quote|The paradigm case is the parking building that asks its customers to hold it harmless for damage or theft to their vehicles while parked in the parking building.}} | ||
===Not to be confused with an [[indemnity]]=== | ===Not to be confused with an [[indemnity]]=== | ||
A hold harmless is subtly different from an [[indemnity]] - it’s more like a beneficent inversion of one. {{indemnitycapsule}} | A hold harmless is subtly different from an [[indemnity]] - it’s more like a beneficent inversion of one. {{indemnitycapsule}} | ||
==In a bit more detail== | |||
{{holdharmlesscapsule}} | |||
{{c2|contract|damages}} | {{c2|contract|damages}} | ||
{{ref}} | |||