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The sky should not fall in under the weight of a well-proportioned {{tag|indemnity}}. It is a precision tool to allocate responsibility for a narrow risk, not a weapon of mass destruction. | The sky should not fall in under the weight of a well-proportioned {{tag|indemnity}}. It is a precision tool to allocate responsibility for a narrow risk, not a weapon of mass destruction. | ||
====You keep saying | ====You keep saying “''well-crafted'' [[indemnity]]”==== | ||
Yes, I do. This is where things have gone awry. Many latter-day [[indemnities]] are not well-crafted at all. It is common for indemnities to catch every contingency under the sun: “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (if you are lucky, letting the [[indemnifier]] off those losses caused by the other’s [[negligence, fraud or wilful default]], but that’s another story.) | Yes, I do. This is where things have gone awry. Many latter-day [[indemnities]] are not well-crafted at all. It is common for indemnities to catch every contingency under the sun: “any and all losses, costs and damages, howsoever arising, incurred or suffered in diligent performance of the contract”. (if you are lucky, letting the [[indemnifier]] off those losses caused by the other’s [[negligence, fraud or wilful default]], but that’s another story.) | ||