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Indemnity in United Kingdom

Indemnity in Contract Formation

It is often advisable to include this term in any contract.

In Pinsent Mason’s words:
Indemnity clauses are an express obligation to compensate the indemnified party by making a money payment for some defined loss or damage. They provide for an immediate right to compensation, without the need for a lengthy dispute as to the circumstances giving rise to the specified loss or damage. For this reason careful attention should be given to the agreement of any indemnities. An example of a typical indemnity is in a software contract under which the supplier indemnifies the customer against any claims made by a third party that the normal use of the software is infringing the rights of the third party.

Concep of Indemnity in Procedural Law

In this context, a short definition of Indemnity may be the following: A right of someone to recover from a third party the whole amount which he himself is liable to pay.

Act of Indemnity

An Act of Indemnity, protecting persons against the consequences of any breach of law, can originate in either House and is proceeded with as an ordinary Bill, although the Bill is usually passed through all its stages at one sitting as being an urgent matter. A famous Bill of Indemnity was that passed by the Convention Parliament (q.v.) at the Restoration to exonerate, with certain exceptions, all those who had committed acts directed against the monarchy. Bills of Indemnity are now usually passed for the protection of Members of Parliament who are sitting illegally, and who would otherwise be committed to a fine of £500 for each day’s attendance. A recent example of this was an Act passed in 1951 to indemnify the Rev. J. G. MacManaway, who was elected as member for Belfast West but disqualified from sitting under the House of Commons (Clergy Disqualification) Act of 1801. The passing of the House of Commons Disqualification Act in 1957 should almost eliminate the necessity for Indemnity Bills in that House, as prospective candidates can consult the list of disqualifying offices contained in the Act before offering themselves for election. [1]

Resources

See Also

  • Parliament

Notes

  1. Wilding, N. and Laundy, P., An Encyclopaedia of Parliament, 4th ed., London: Cassell & Company Ltd., 1972


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W.S.M. Knight, 'Indemnity' (lawi.org.uk 2017) <https://lawi.org.uk/indemnity/> accesed 2021 June 12

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Schema Summary

  • Article Name: Indemnity
  • Author: W.S.M. Knight
  • Description: Indemnity in Contract Formation It is often advisable to include this term in any contract. In Pinsent Mason's [...]

This entry was last updated: July 8, 2017

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Procedural Law


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