NARROW YET BROAD; CLEAR YET BLUR: THE LAW OF CONTRACT OF INDEMNITY IN INDIA

The Contract of Indemnity is a wide used clause frequently within the mercantile fraternity. However, same has been down written in Indian Act under two sections, namely, 124 and 125. There yet an ongoing dilemma whether clauses cover implied indemnity its ambit on when does contract comes into play favor promisee. Moreover, there ambiguity term synonymous to terms such as damages, compensation, reimbursement restitution. following article distinctly attempts resolve these obscurities. Furthermore, are frequent disputes where crystal coinciding line between indemnity, insurance subrogation blurred out. Therefore, author up with concentric circle mode solution entire vagueness Indemnity, 1872. In addition this, also pointed out that despite sections being looked upon narrow scope be compatible transnational disputes; if contemporary precedents taken account parent examined cautiously, plain massive ground rely while resolving well domestic trade indemnification. Lastly, recommends few suggestions can civil law indemnification era unless amendment undergone by Sections 125 Act,