Indemnity and Exclusion Clauses: The Ultimate Guide to Protecting Your Business

Indemnity and exclusion clauses are two of the most important types of clauses that you can include in your business contracts. These clauses can help to protect your business from financial liability in the event of a breach of contract or other legal claim.

Indemnity and Exclusion Clauses: A practical approach under Australian law

by David Downie

5 out of 5

Language	:	English
File size	:	535 KB
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Indemnity Clauses

An indemnity clause is a contract provision that requires one party (the "indemnifying party") to reimburse another party (the "indemnified party") for any losses or damages that the indemnified party incurs as a result of the indemnifying party's breach of contract or other legal claim.

Indemnity clauses are often used in construction contracts, product liability cases, and other situations where one party is providing goods or services to another party.

There are two main types of indemnity clauses: broad form and narrow form. Broad form indemnity clauses provide the indemnified party with the broadest possible protection, while narrow form indemnity clauses only provide protection for specific types of losses or damages.

When drafting an indemnity clause, it is important to consider the following factors:

• The scope of the indemnity
• The parties to the indemnity
• The duration of the indemnity
• The defenses available to the indemnifying party

Exclusion Clauses

An exclusion clause is a contract provision that limits or excludes the liability of one party for certain types of claims or damages.

Exclusion clauses are often used in insurance contracts, product liability cases, and other situations where one party is providing goods or services to another party.

There are two main types of exclusion clauses: general and specific. General exclusion clauses exclude liability for all types of claims or damages, while specific exclusion clauses only exclude liability for certain types of claims or damages.

When drafting an exclusion clause, it is important to consider the following factors:

• The scope of the exclusion
• The parties to the exclusion
• The duration of the exclusion
• The defenses available to the party seeking to enforce the exclusion

Indemnity and exclusion clauses are essential for protecting your business from financial liability. By understanding how these clauses work and how to draft them effectively, you can help to reduce your risk of being held liable for damages.

If you have any questions about indemnity or exclusion clauses, please consult with an experienced business attorney.

Indemnity and Exclusion Clauses: A practical approach under Australian law

by David Downie

5 out of 5

Language	:	English
File size	:	535 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	66 pages
Lending	:	Enabled

FREE