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MEANING AND CONCEPT
 The term 'indemnity' simply means to make good the loss or to compensate the
party who has suffered some loss.
 The term 'contract of indemnity' is defined in Section 124 of the Indian Contract
Act as follows:
 "A contract by which one party promises to save the other from loss caused to
him by the conduct of the promisor himself or by the: conduct of any other
person, is called a contract of indemnity."
PARTIES
 The person who promises to compensate for the loss is called the "indemnifier“.
 The person to whom this promise is made or whose loss is to be made good is
known as "indemnity-holder" or "indemnified".
 For example, A contracts to indemnify B against the consequences of any
proceedings which C may take against B in respect of a certain sum of money.
This is a contract of indemnity, Here A is the indemnifier and B is the indemnified.
ENFORCEABILITY
 To enforce such contracts it is necessary that all the essentials of a valid contract
must be present. In case any one of the essential is missing, the contract cannot be
enforced.
 Thus if the object or consideration of an indemnity agreement is unlawful, it
cannot be enforced.
 For example, A asks B to beat C, promising to indemnify him against the
consequences this cannot be enforced. Suppose B beats C and is fined Rs. 500, B
cannot claim this amount from A, because the object of the agreement is unlawful.
SCOPE
 All contracts of insurance (except Life Insurance) are also contracts of indemnity.
 In an auction sale there is an implied contract of indemnity between the auctioneer
and the person who asks him to sell goods.
 A promise to make good the loss arising from any cause whatsoever e.g. fire,
perils of sea, accidents etc. are also considered to be contract of indemnity.

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Contract of Indemnity

  • 1.
  • 2.
  • 3. MEANING AND CONCEPT  The term 'indemnity' simply means to make good the loss or to compensate the party who has suffered some loss.  The term 'contract of indemnity' is defined in Section 124 of the Indian Contract Act as follows:  "A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the: conduct of any other person, is called a contract of indemnity."
  • 4. PARTIES  The person who promises to compensate for the loss is called the "indemnifier“.  The person to whom this promise is made or whose loss is to be made good is known as "indemnity-holder" or "indemnified".  For example, A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of money. This is a contract of indemnity, Here A is the indemnifier and B is the indemnified.
  • 5. ENFORCEABILITY  To enforce such contracts it is necessary that all the essentials of a valid contract must be present. In case any one of the essential is missing, the contract cannot be enforced.  Thus if the object or consideration of an indemnity agreement is unlawful, it cannot be enforced.  For example, A asks B to beat C, promising to indemnify him against the consequences this cannot be enforced. Suppose B beats C and is fined Rs. 500, B cannot claim this amount from A, because the object of the agreement is unlawful.
  • 6. SCOPE  All contracts of insurance (except Life Insurance) are also contracts of indemnity.  In an auction sale there is an implied contract of indemnity between the auctioneer and the person who asks him to sell goods.  A promise to make good the loss arising from any cause whatsoever e.g. fire, perils of sea, accidents etc. are also considered to be contract of indemnity.