What is Indemnity
Indemnity is a claus in many contracts that names one person as being resposible for any damages or problems that arise. This party is liable for any damages or breach to the signed contract. But, sometimes the damages are not done by the party who signed to take responsibily. What can they do when these mistakes cost them money and sometimes future business? Read below where Experts have helped resolve questions about indemnity.
What can be done if someone’s name is sign to a loan without their permission?
The first step would be to seek indemnity from the person who wrongfully sign the name. The way to go about that is to file fraud charges against them. The court can then be asked to relieve the plantiff of the loan until the matter is resolved. The lender may also be held account able by the court as well.
What is unjust enrichment?
Unjust inrichment is a legal term used to describe when over-payement has been made, that results in someone having to pay back the amout of over-paid portion.
If a construction company’s employee causes damage, who’s liable?
When a person hires a construction company they are hiring the company itself, not hiring one particular employee. Therefore the construction company itself is liable for any damage or problems that arise caused by any of their employees. The employee would be covered under what is called “Laws of Liability.” This, relieves him or her from any legal responsibilities for accident, injury, or damages one while on the job.
Who is responsible for damages when a company hires a sub-contractor?
The company who was originally hired would be the one who is held liable. However the party first contracted can go in and file for indemnity owed for damage done by the sub-contractor.
How is indemnity calculated?
The amount owed is based on a two part theory of liability.
Breach of contract: This is where the the amount owed is determined by the severity of the breach.
A tort: Is a civil matter that pertains to a wrong doing that results in the wronged party being entitled to indemnity.
Is the government liable to pay for negligence?
It is very hard to sue a government agency for negligence because they are almost always protected due to their administrative duties.
If someone wrecks your un-insured car, who is liable?
The owner of the car is the first party responsible in the event of a wreck. They will be the ones responsible for damages to both vehicles and injuries to occupants. However; if the driver of the vehicle is also uninsured then the owner may have grounds to file for indemnity. It is advised to seek counsel to find out what the proper recourse would be.
Indemnity can be owed for so many reason from car wrecks, to a construction job gone wrong. Sometimes its hard to determine who the responsible party is in these situations. Have you had to pay for damages caused by someone else? Chat with online Experts and find out if they are required to pay you back.