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Description
Indemnity clauses are simply about the allocation of risk and the intentional alteration of where liability might otherwise fall as a matter of common law.
Although a straightforward enough concept, badly drafted or misunderstood contractual indemnity clauses are often the source of disputes:
- Where the parties are bargaining with equal power indemnity clauses are likely to be the subject of incremental redrafts by multiple lawyers.
- Where there is a power discrepancy between the parties indemnity clauses may comprise a non-negotiable boilerplate applied without reference to the specific factual matrix of the contract.
In both cases the results can be unpredictable and devastating for the indemnifying and/or indemnified party.
This seminar will provide an overview of the conflicting authorities on contractual indemnities with a view to providing up to date guidance on the drafting of effective indemnity clauses and the construction of existing indemnities.
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