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Hold harmless: Difference between revisions
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{{a|glossary|}}{{holdharmlesscapsule}} | {{a|glossary|}}{{holdharmlesscapsule}} | ||
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 | 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]]). | ||
{{box|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.}} | {{box|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.}} | ||