Indemnities are a common talking point during contractual negotiations, and a common cause of disputes. If the issues are not properly negotiated, or the indemnity clause is poorly drafted, the consequences can be serious regardless of whether you are the party giving or receiving the indemnity. So, knowing what a contractual indemnity is (or is not), recognising the different types of indemnities, understanding the nature and scope of indemnities in law and what sets them apart from other risk allocation techniques will assist you in negotiating and drafting an effective indemnity clause.
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