Shopping on line can be easy, simple and save you lots of money. It can also take a lot of your time, frustrate you, and result in unwanted purchases. Now the same can be said for regular high street shopping, but with the vast opportunity presented by the Internet it will pay you to spend a few minutes reading this and understanding how to better optimize your Indemnity shopping experience:
1. Compare - without doubt the biggest advantage that the Indemnity offers shoppers today is the ability to compare thousands of Indemnity at a time. This is a great thing, but not necessarily all the time! Too much can be daunting at times so take advantage of the great comparison sites and where possible let them do the hard work for you.
2. Research - if it has been said it will be on the internet. Ignorance is no longer a justifiable reason for buying the wrong thing. Take the time to research in detail everything that you could possible want to know about
3. Testimonials - don't know anybody that has bought a Indemnity? Wrong! If the Indemnity is good the internet will let you know. Use the Internet as a friend and get testimonials before you buy.
4. Questions - Got a question about Indemnity then search the Forums, FAQ's, Blogs etc. Don't be afraid to ask .....
5. Reputation - Never heard of the company selling Indemnity? Don't worry, no reason why you should know every company in the world, but you know someone that does! Use the internet to find out what people are saying about Indemnity and build up a picture of their reputation for sales, returns, customer service, delivery etc.
6. Returns - still worried that even after all of the above your Indemnity wont be what you want? Check out the returns policy. There is so much competition now that someone, somewhere is bound to offer the terms that you are comfortable with.
7. Feedback - happy with your Indemnity then let people know, after all you are depending on others people input in your buying decision, so why not give a little back.
8. Security - check for the yellow padlock on the Indemnity site before you buy, and the s after http:/ /i.e. https:// = a secure site
9. Contact - got a question about Indemnity, or want to leave a comment then check out the sites contact page. Reputable companies have them and respond.
10. Payment - ready to pay for your Indemnity, then use your credit card or PayPal! Be aware of companies that don't accept them, there may be genuine reasons but given the huge amount of choice you have when buying online there is no reason at all not to buy via credit card or PayPal.
An
Indemnity is a sum paid by
A to
B by way of
compensation for a particular loss suffered by
B. The indemnifying party (
A) may or may not be responsible for the loss suffered by the indemnified party (
B).
Methods of indemnity:-a. Payment of cashb. Repairsc. Replacementd. Reinstatement
General & Legal Meaning
In common parlance indemnity is often used as a synonym for
compensation or
reparation.
As a legal concept, it has a more specific meaning. For instance, compensation connotes merely a sum paid to make good the loss of another without regard to the payer's identity, or their reasons for doing so. As the following paragraphs should explain, an indemnity is a sub-species of compensation, in the same way that
damages and reparations are.
The obligation to indemnify differs from the obligation to pay
damages, or make
reparation, in that an obligation to indemnify is a voluntary obligation. If
C crashes into
B's car and damages it and the crash is due to
C's negligence, most
legal systems will impose
liability upon
C to pay
B for the damage caused.
C's obligation to
B arises by force of law irrespective of whether
C subjectively wishes to compensate
B or not. This is not, therefore, a situation of indemnity; the relationship between
B and
C is involuntary. In legal terms it is a case of tortious (common law) or delictual (
Civil law (legal system)) liability.
But, if
A had a contract with
B under which
A agreed to pay for any damage to
B's car, then
A paying
B would be voluntary (even if
A subjectively regretted the contract at this point). In legal terms
A's liability is contractual and the sum paid is an indemnity. The contract just described between
A and
B is of course one relatively familiar to most (at least in the
Western World) as one of car
insurance.
It was stated in the first paragraph that the indemnifying party (
A) may also be the party responsible for the loss. This is because whilst
A will probably have a legal duty to compensate
B (depending on the rules for damage wrongfully caused in the relevant legal system),
A may also have a contractual duty to compensate
B. Such
indemnity clauses can be found in many contracts aside from those specifically for insurance. For instance, (staying with the automobile theme) a car rental contract may stipulate that the renter will be responsible for damage to the rental car caused by their reckless driving. In other words the renter will indemnify the rental company.
An obligation to indemnity can also be distinguished from a guarantee granted by one party in regard to the potential
debts of another. For example
A might agree to stand guarantor (or surety) for her son
C (an impecunious law student) so that if
C cannot afford to pay his rent to
B (his canny landlord),
A will be obliged to pay for him. Here,
C is the one primarily responsible for payment of the rent.
A's liability is only ancillary. The liability of an indemnifier, properly so-called, is primary. This distinction between indemnity and guarantee was discussed as early as the
eighteenth century in
Birkmya v Darnell.(1704) 1 Salk 27. In that case, concerned with a guarantee of payment for goods, rather than payment of rent, the presiding judge explained that a guarantee effectively says "Let him have the goods; if he does not pay you, I will." By contrast, an indemnity is like saying "Let him have the goods, I will be your paymaster."See also:
Mountstephan v Lakeman (1871) LR 7 QB 196.
Indemnity in particular legal systems
Commonwealth
Indemnity clauses
Under section 4 of the Statute of Frauds 1677 indemnity clauses must be constituted in writing.
In the UK, under the
Unfair Contract Terms Act 1977 s4, a consumer cannot be made to unreasonably indemnify another for their breach of contract or
negligence.
Contract Award
Indemnity in the common law of the UK may award indemnity as well as rescission during an action of
Restitutio in integrum. The property and funds are exchanged but indemnity may be granted for costs necessarily incurred to the innocent party pursuant to the
contract. The leading case is
Whittington v Seale(1900) 82 LT 49, in which a contaminated
farm was sold. Due to the contract the buyers renovated the property and due to the contamination incurred medical expenses for their manager who had fallen ill. Once the
contract was rescinded, the buyer could be indemnified for the cost of renovation as this was necessary to the
contract, but not the medical expenses as the
contract did not require them to hire a manager. Were the sellers at fault
damages would clearly be available.
The distinction between indemnity and damages is subtle and can be defrentiated by considering the roots of the
law of obligations. How can
monies be paid where the
defendant is not at fault? The contract before
rescission is voidable but not void meaning that for a period of time there is a legal
contract. During this time both parties have legal obligation. If the contract is to be voided
ab initio the obligations performed must also be
compensated. Therefore the costs of indemnity arise from the (transient and performed) obligations of the claimant rather than a
breach of contract by the defendant.Furmston, M,
Law of Contract, ed11 (2001).
Insurance
Freeing of slaves and servants
Slave owners are said to suffer a loss whenever their slaves or servants are granted their freedom. A tacit belief exists that harm is caused to slave owners whenever slaves or servants are released. Slave owners may be paid to cover their losses.
When the slaves of
Zanzibar were freed in 1897, it was by compensation since the prevailing opinion was that the slave owners suffered the loss of an asset whenever a slave was freed.
In the 1860s in the
United States, U.S. President
Abraham Lincoln had requested many millions of dollars from Congress with which to pay slave owners "for the loss of their property." On July 9th, 1868, part IV of the
Fourteenth Amendment to the United States Constitution dismissed all of the claims that slave owners had been injured by the freeing of the slaves. Fourteenth Amendment and related resources at the Library of Congress; National Archives (USA): 14th Amendment
In 1807-08, in Prussia, statesman Baron Heinrich vom Stein introduced a series of reforms, the principal of which was the abolition of serfdom with indemnification to territorial lords.
Haiti was required to pay an indemnity of 150,000,000 francs to France in order to atone for the loss suffered by the France slave owners.
Costs of war
The nation that wins a war may insist on being paid compensations for the costs of the war, even after having been the creator of the war.
References
See also
- Double indemnity
- Protection and indemnity insurance
An
Indemnity is a sum paid by
A to
B by way of
compensation for a particular loss suffered by
B. The indemnifying party (
A) may or may not be responsible for the loss suffered by the indemnified party (
B).
Methods of indemnity:-a. Payment of cashb. Repairsc. Replacementd. Reinstatement
General & Legal Meaning
In common parlance indemnity is often used as a synonym for
compensation or
reparation.
As a legal concept, it has a more specific meaning. For instance, compensation connotes merely a sum paid to make good the loss of another without regard to the payer's identity, or their reasons for doing so. As the following paragraphs should explain, an indemnity is a sub-species of compensation, in the same way that
damages and
reparations are.
The obligation to indemnify differs from the obligation to pay damages, or make reparation, in that an obligation to indemnify is a voluntary obligation. If
C crashes into
B's car and damages it and the crash is due to
C's negligence, most legal systems will impose
liability upon
C to pay
B for the damage caused.
C's obligation to
B arises by force of law irrespective of whether
C subjectively wishes to compensate
B or not. This is not, therefore, a situation of indemnity; the relationship between
B and
C is involuntary. In legal terms it is a case of tortious (common law) or delictual (
Civil law (legal system)) liability.
But, if
A had a contract with
B under which
A agreed to pay for any damage to
B's car, then
A paying
B would be voluntary (even if
A subjectively regretted the contract at this point). In legal terms
A's liability is contractual and the sum paid is an indemnity. The contract just described between
A and
B is of course one relatively familiar to most (at least in the Western World) as one of car
insurance.
It was stated in the first paragraph that the indemnifying party (
A) may also be the party responsible for the loss. This is because whilst
A will probably have a legal duty to compensate
B (depending on the rules for damage wrongfully caused in the relevant legal system),
A may also have a contractual duty to compensate
B. Such
indemnity clauses can be found in many contracts aside from those specifically for insurance. For instance, (staying with the automobile theme) a car rental contract may stipulate that the renter will be responsible for damage to the rental car caused by their reckless driving. In other words the renter will indemnify the rental company.
An obligation to indemnity can also be distinguished from a
guarantee granted by one party in regard to the potential debts of another. For example
A might agree to stand
guarantor (or surety) for her son
C (an impecunious law student) so that if
C cannot afford to pay his
rent to
B (his canny
landlord),
A will be obliged to pay for him. Here,
C is the one primarily responsible for payment of the rent.
A's liability is only ancillary. The liability of an indemnifier, properly so-called, is primary. This distinction between indemnity and guarantee was discussed as early as the
eighteenth century in
Birkmya v Darnell.(1704) 1 Salk 27. In that case, concerned with a guarantee of payment for goods, rather than payment of rent, the presiding judge explained that a guarantee effectively says "Let him have the goods; if he does not pay you, I will." By contrast, an indemnity is like saying "Let him have the goods, I will be your paymaster."See also:
Mountstephan v Lakeman (1871) LR 7 QB 196.
Indemnity in particular legal systems
Commonwealth
Indemnity clauses
Under section 4 of the Statute of Frauds 1677 indemnity clauses must be constituted in writing.
In the UK, under the Unfair Contract Terms Act 1977 s4, a consumer cannot be made to unreasonably indemnify another for their breach of contract or
negligence.
Contract Award
Indemnity in the common law of the
UK may award indemnity as well as
rescission during an action of
Restitutio in integrum. The property and funds are exchanged but indemnity may be granted for costs necessarily incurred to the innocent party pursuant to the contract. The leading case is
Whittington v Seale(1900) 82 LT 49, in which a contaminated farm was sold. Due to the contract the buyers renovated the property and due to the contamination incurred medical expenses for their manager who had fallen ill. Once the contract was rescinded, the buyer could be indemnified for the cost of renovation as this was necessary to the
contract, but not the medical expenses as the
contract did not require them to hire a manager. Were the sellers at
fault damages would clearly be available.
The distinction between indemnity and damages is subtle and can be defrentiated by considering the roots of the law of obligations. How can
monies be paid where the
defendant is not at fault? The contract before rescission is voidable but not void meaning that for a period of time there is a legal contract. During this time both parties have legal obligation. If the
contract is to be voided
ab initio the obligations performed must also be compensated. Therefore the costs of indemnity arise from the (transient and performed) obligations of the claimant rather than a
breach of contract by the defendant.Furmston, M,
Law of Contract, ed11 (2001).
Insurance
Freeing of slaves and servants
Slave owners are said to suffer a loss whenever their slaves or servants are granted their freedom. A tacit belief exists that harm is caused to slave owners whenever slaves or servants are released. Slave owners may be paid to cover their losses.
When the slaves of
Zanzibar were freed in
1897, it was by compensation since the prevailing opinion was that the slave owners suffered the loss of an asset whenever a slave was freed.
In the 1860s in the United States, U.S. President
Abraham Lincoln had requested many millions of dollars from Congress with which to pay slave owners "for the loss of their property." On July 9th, 1868, part IV of the
Fourteenth Amendment to the United States Constitution dismissed all of the claims that slave owners had been injured by the freeing of the slaves. Fourteenth Amendment and related resources at the Library of Congress; National Archives (USA): 14th Amendment
In 1807-08, in
Prussia, statesman Baron Heinrich vom Stein introduced a series of reforms, the principal of which was the abolition of serfdom with indemnification to territorial lords.
Haiti was required to pay an indemnity of 150,000,000 francs to France in order to atone for the loss suffered by the France slave owners.
Costs of war
The nation that wins a war may insist on being paid compensations for the costs of the war, even after having been the creator of the war.
References
See also
