Template:Indemnity description: Difference between revisions

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But this is where things have gone awry. Many latter-day indemnities are not articulated this way. It is common for indemnities to catch every contingency under the sun: The indemnifier is asked to cover “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (An [[indemnified party]] showing uncommon largesse might let the [[indemnifier]] off those losses caused by its own [[negligence, fraud or wilful default]], but that’s another whole story.)
But this is where things have gone awry. Many latter-day indemnities are not articulated this way. It is common for indemnities to catch every contingency under the sun: The indemnifier is asked to cover “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (An [[indemnified party]] showing uncommon largesse might let the [[indemnifier]] off those losses caused by its own [[negligence, fraud or wilful default]], but that’s another whole story.)


In any case, if you’re asked for something as mad as that, refuse, for it implies your counterpart has not grasped the fundamentals of a commercial bargain: shouldering the losses, costs and damages naturally arising from the diligent performance of its contractual obligations is — well, it’s kind of the point. That is why you’re even at the table.  
In any case, if you’re asked for something as mad as that, refuse, for it implies your counterpart has not grasped the fundamentals of a commercial bargain: shouldering the losses and costs naturally arising from the diligent performance of contractual obligations — the ordinary vicissitudes of one’s day-to-day commercial existence, that is to say — well, it’s kind of the point. That is why you’re even at the table.  


[[Indemnities]] are not meant for that.  
[[Indemnities]] are not meant for that.


====What are fit topics for an indemnity then?====
====What are fit topics for an indemnity then?====

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