INDEMNITY CLAUSE

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BADINI HASSAN; Deilami Shiva

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Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2018 | Volume:48 | Issue:3 Page(s): 435-452

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Information Journal Paper

Title

INDEMNITY CLAUSE

Author(s)

BADINI HASSAN | Deilami Shiva | Issue Writer Certificate

Keywords

IndemniteeQ1

IndemnitorQ1

Indemnity clauseQ1

Indemnity against LiabilityQ1

NegligenceQ2

Public PolicyQ1

Abstract

“ Indemnification” is a common method for the risk allocation in contracts in the Common Law; according to which, one party is liable to indemnify the other party against the losses resulted from his anticipatory act, from the Indemnitee’ s liabilities or from a third party’ s claim. This institution has emerged from the customs formed amongst the merchants, gradually recognized by the legal systems. In this paper, we are going to examine the validity of the Indemnity clause by using the relevant legal principles and rules. Studies show that the Indemnity clauses are typically being considered valid, except in cases of Indemnitee’ s deliberative act or his gross Negligence. In this paper, the concept of Indemnity clause and its validity and variety along with the similar legal institutions in the Iranian law and the Shiite jurisprudence are being studied.

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APA: Copy

BADINI, HASSAN, & Deilami, Shiva. (2018). INDEMNITY CLAUSE. PRIVATE LAW STUDIES, 48(3 ), 435-452. SID. https://sid.ir/paper/124658/en

Vancouver: Copy

BADINI HASSAN, Deilami Shiva. INDEMNITY CLAUSE. PRIVATE LAW STUDIES[Internet]. 2018;48(3 ):435-452. Available from: https://sid.ir/paper/124658/en

IEEE: Copy

HASSAN BADINI, and Shiva Deilami, “INDEMNITY CLAUSE,” PRIVATE LAW STUDIES, vol. 48, no. 3 , pp. 435–452, 2018, [Online]. Available: https://sid.ir/paper/124658/en

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