
Free Consultation, Low Premiums, Flexible Payment Options. What does indemnification and indemnify mean? Are all businesses at risk of professional negligence? What is the difference between liability and indemnity?
Is there a requirement for indemnification? Can I make a professional negligence claim? You can make a professional negligence claim provided these three things hold true: 1. Duty of care – You entered into a contract in which you were owed a duty of care.
As evidenced in the Donoghue v. They recompense the indemnified person for any loss or liability which one person incurs against specified events within the terms of the indemnity. The end result is that the indemnifying party (aka indemnifier) holds the indemnified party (aka indemnitee) harmless against specified losses. The right to indemnity and the duty to indemnify ordinarily stem from a contractual agreement , which generally protects against liability , loss , or damage. For example, indemnity clauses or agreements in construction contracts are an attempt to protect the contractor from lawsuits and losses due to negligence.

As long as the intention to indemnify the negligent party for its own acts can be clearly implied from the language and purposes of the entire agreement and from the surrounding facts and circumstances, it is unnecessary for the clause to refer expressly to the negligence of the party being indemnified.

