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What is an Indemnity bond? As per Section 124 of the Indian Contract Act of 1872, an Indemnity bond refers to an agreement between two persons or parties, where one person promises to make payment for the losses and damages of another person caused by his/her conduct or by another party.
An indemnity generally compensates a party for all loss actually suffered so the difficulties which may arise in respect of a warranty claim regarding quantum of loss can be avoided. An indemnity may also allow a claimant to frame its claim in debt as opposed to breach of contract (see below).
In legal terms, indemnity requires a nondelivering entity to compensate the aggrieved party for losses it incurred or expects to as a result of the nonperformance. An indemnity clause can also act an as exemption from liability from damages, so the wording of the agreement is extremely important.
One common error with indemnity clauses is that the clause is too broad. If tested in court, the overly broad indemnity clause may be found unenforceable, as it goes against public policy to allow such comprehensive indemnification. Another common problem in indemnity clauses is ?hand-me-down? copy.
Another difference between damages and indemnity is that damages can only be claimed for breach of contract whereas in the case of indemnity a breach of contract does not have to take place. Indemnity may be claimed for loss caused by action of a third party which may not necessarily result from the breach of contract.
Meaning of indemnity bond in English a legal agreement in which a financial organization promises to make a payment to an organization that has lent money if they do not get the loan back: Lenders reduce their risk by using indemnity bonds for mortgages over 70-80 % of the value of the property. Want to learn more?
An indemnity bond is a legal document containing certain contractual obligations. It ensures an individual will not suffer in the event of any loss or damage caused by another. It assures that specific conditions between two parties will be met, even if the other party is unable to fulfil them.
The bond protects the first party from losses if the principal fails to abide by the agreed-upon obligations. Indemnity bonds are surety bonds. Commerce or transactions do not occur if no mechanism assures payment. It is a promise by the guarantor to pay the obligation if he fails to fulfil the contract terms.