Indemnity - Law of Contracts II - Notes
- Indemnity
(English Law) - Promise to save a person harmless from the consequences of an
act.
- It could be
express or implied. - Secretary of State
v. Bank of India Ltd.
- Shefield Corp. v. Barclay - A
corporation, having registered a transfer if stock on the request of a banker,
was held entitled to recover indemnity from the banker when the transfers were
discovered to be forged.
- §124 talks of
loss caused by the promisor himself or other person and therefore loss by accident
like fire or peril of sea is not covered. It must be by human agency only. - Gajanan Moreshwar v, Moreshwar Madan
- §124 does not
deal with indemnity between principal and agent.
- Persons can
only encash indemnity to meet losses suffered. Anything more would be undeserved
windfall doe one and penalty for other. - Cargill
Intl. v. Bangladesh Sugar & Food Ind. Corp.
- If liability of
the indemnity-holder has become absolute then the indemnifier must indemnify
the indemnity-holder even if the indemnity-holder hasn't damnified. -Moreshwar v. Moreshwar
0 comments :
Post a Comment