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In any case, such a wide indemnity suggests your counterpart has not grasped the fundamentals of the commercial bargain: [[Indemnities]] are not meant for the ordinary costs naturally arising from one’s diligent performance of a contract — the ordinary vicissitudes of one’s day-to-day commercial existence, that is to say. That is called ''[[consideration]]''. It is why the other fellow is making a bargain with you in the first place. | In any case, such a wide indemnity suggests your counterpart has not grasped the fundamentals of the commercial bargain: [[Indemnities]] are not meant for the ordinary costs naturally arising from one’s diligent performance of a contract — the ordinary vicissitudes of one’s day-to-day commercial existence, that is to say. That is called ''[[consideration]]''. It is why the other fellow is making a bargain with you in the first place. | ||
===What are fit topics for an indemnity then?=== | |||
Indemnities capture unexpected and unwanted possibilities brought about by performance of the contract which ''ought'' not to arise, whose provenance is beyond the [[indemnified party]]’s control, but which ''do''. | Indemnities capture unexpected and unwanted possibilities brought about by performance of the contract which ''ought'' not to arise, whose provenance is beyond the [[indemnified party]]’s control, but which ''do''. | ||