Commentary

73.5.3 Contract containing an indemnity

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

73.5.3 Contract containing an indemnity

| Commentary

73.5.3 Contract containing an indemnity

A detailed indemnity clause in a contract to which only A and B are parties, might include the following words:

‘A shall indemnify and hold harmless B, its affiliates, and their respective officers, employees, consultants, agents and representatives...’

Prior to the coming into force of the 1999 Act, B’s employees (for example) would not have enforceable rights against A under the indemnity. B might be able to enforce the indemnity on their behalf. Under the 1999 Act, B’s employees may well have directly enforceable rights.

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