Template:Indemnity description: Difference between revisions

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=====An {{tag|indemnity}} does ''not'' require a [[breach of contract]]. In fact they should be ''mutually exclusive''=====
=====An {{tag|indemnity}} does ''not'' require a [[breach of contract]]. In fact they should be ''mutually exclusive''=====
While ''failing to honour'' an [[indemnity]] claim is a [[breach of contract]], the circumstances giving rise to an [[indemnity claim]] in the first place are ''not''. No breach is required, no [[causation]] or value judgment needed to satisfy the [[indemnifier]] of your ''[[bona fide]]s''. Recovering for failure to honour a (well-crafted) [[indemnity]] is therefore straightforward: You must show the event giving rise to the indemnity has happened, that you have demanded the [[indemnified sum]] from [[indemnifier]]; and that the [[indemnifier]] has not paid it. Hence: [[summary judgment]].
{{indemnity for breach of contract capsule}}
 
Note, also, that [[summary judgment]] ''is'' available for certain contractual breaches: Specifically, failures to pay a specified sum, where the obligation to pay can be proved by contract, and the failure to pay can be proven by affidavit. No real question of witness credibility arises.
 
=====An {{tag|indemnity}} is ''not'' (necessarily) of indeterminate scope=====
=====An {{tag|indemnity}} is ''not'' (necessarily) of indeterminate scope=====
Nor is a (well-crafted) {{tag|indemnity}} broader or of less determinate scope than any other contractual claim. A good one should have a predictable and reasonable financial consequence: It might be to reimburse taxes or similar unavoidable expenses a merchant incurs in performing the contract, that it would not, but for that contract. The [[Chicken Licken|sky should not fall in]] under the weight of a well-proportioned {{tag|indemnity}}.  
Nor is a (well-crafted) {{tag|indemnity}} broader or of less determinate scope than any other contractual claim. A good one should have a predictable and reasonable financial consequence: It might be to reimburse taxes or similar unavoidable expenses a merchant incurs in performing the contract, that it would not, but for that contract. The [[Chicken Licken|sky should not fall in]] under the weight of a well-proportioned {{tag|indemnity}}.