Template:Indemnitycapsule: Difference between revisions

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The “events” covered by an {{t|indemnity}} are usually unexpected costs and expenses the [[indemnified party]] incurs while performing obligations under the {{t|contract}}, the benefits of which accrue to the [[indemnifying party]]: things like [[tax]] charges levied on a custodian relating to assets it holds for its clients. Without an indemnity, the party incurring these costs would just have to wear them. This would be a windfall for the benefiting party.
The “events” covered by an {{t|indemnity}} are usually unexpected costs and expenses the [[indemnified party]] incurs while performing obligations under the {{t|contract}}, the benefits of which accrue to the [[indemnifying party]]: things like [[tax]] charges levied on a custodian relating to assets it holds for its clients. Without an indemnity, the party incurring these costs would just have to wear them. This would be a windfall for the benefiting party.


An {{t|indemnity}} thus creates a payment obligation under the {{t|contract}} where one would not otherwise exist. If the indemnified event occurs, the indemnified party claims on the indemnity and the indemnifying party doesn’t pay, the indemnified party has an action in breach of contract. It can sue.
An {{t|indemnity}} thus creates a payment obligation under the {{t|contract}} where one would not otherwise exist. If the indemnified event occurs and the indemnifi''er'' doesn’t pay, the indemnifi''ee'' has an action in [[breach of contract]]. It can sue.


And that’s about it. an {{isdaprov|indemnity}} gives you a right of suit where, without it, you would not have one.
And that’s about it. an {{isdaprov|indemnity}} gives you a right of suit where, without it, you would not have one.