indemnification

Contractual TerminologyLegal glossary term

Legal Definition

Indemnification is a contractual provision where one party (the indemnitor) agrees to cover the losses or liabilities of another party (the indemnitee), often in exchange for a defined scope of responsibility, thereby protecting the indemnitee from specific legal claims or financial obligations.

Plain-English Translation

Imagine a rule that says if someone messes up and causes a problem, they have to pay for it. It's like saying, 'If you lose, you pay for the damage.'

Context in Contracts

It matters because it clearly defines who pays for what when a loss occurs, which is crucial for allocating risk and ensuring that the party who caused the loss has the financial responsibility. It establishes clear accountability in legal agreements.

Visual model

Understand indemnification fast

ELI10 illustration for indemnification
01

Example 1: A contract where Party A agrees to pay for any legal costs incurred by Party B due to a specific defect in the product sold.

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Example 2: A clause stating that the seller's liability for defects under a warranty claim will be covered by the buyer.

Document context

How indemnification shows up in legal documents

What is it?

Indemnification is a contractual obligation where one party agrees to provide financial protection or coverage for losses, liabilities, or damages incurred by another party under specific circumstances.

Why does it matter?

It matters because it clearly defines who pays for what when a loss occurs, which is crucial for allocating risk and ensuring that the party who caused the loss has the financial responsibility. It establishes clear accountability in legal agreements.

When does it matter?

It usually appears in contracts where one party agrees to cover specific losses or liabilities incurred by another party, often related to warranties, insurance obligations, or specific operational risks.

Where is it usually seen?

It is commonly seen in commercial contracts, insurance policies, and litigation documents where parties define the scope of financial responsibility for potential claims.

Who is affected?

The indemnitor (the party who agrees to pay) and the indemnitee (the party whose losses are covered) are affected; both parties benefit from the defined protection or liability assignment.

How does it work?

It works by specifying exactly which losses, liabilities, or claims the indemnitor will cover, often detailing the scope of responsibility and the limits of that coverage, ensuring a clear financial obligation is met.

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Wikipedia

Space Launch Liability Indemnification Extension Act

Space Launch Liability Indemnification Extension Act

The Space Launch Liability Indemnification Extension Act (H.R. 3547) is a bill that would extend until December 31, 2014 the current limitation on liability of commercial space launch companies. Under the current system, the space launch company is liable for...

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