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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Robins & Robins sues Casings, Inc., for indemnification from

Resolved Question:

Robins & Robins sues Casings, Inc., for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorney's fees, and for punitive damages. List any defenses Casings, Inc., would have under contract theory ONLY. (short answer question)
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

There are a few defenses available under "contract theory". Likely the most direct defense would be for "moral hazard", or based on taking undue risks because the costs are not borne by the party taking the risk (hence the indemnification). Similarly they can claim adverse selection since the only parties that would sue would likely be the ones who received negative results from the medication, not those who were assisted. Finally they can attempt to argue over the contract language, claim the liability is incomplete, and that they cannot be held liable over missing clauses or terms in the agreement.

Good luck.
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