Non-carry question for you lawyers
This is a discussion on Non-carry question for you lawyers within the Off Topic & Humor Discussion forums, part of the The Back Porch category; I keep seeing this phrase everywhere:
Client hereby covenants and agrees to defend, indemnify, save and hold harmless...
I was told that should there be ...
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October 11th, 2008 05:57 PM
#1
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Non-carry question for you lawyers
I keep seeing this phrase everywhere:
Client hereby covenants and agrees to defend, indemnify, save and hold harmless...
I was told that should there be any legal action against the other person, that I am legally bound to put up my money to defend them to the death in court.
Anyone know if that is true?
Preparing for the Zombie Apocalypse or Rapture....whichever comes first.
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October 11th, 2008 05:57 PM
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October 11th, 2008 07:15 PM
#2
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Most hold harmless agreements won't hold up unless you do something negligent. I have signed many hold harmless waivers to enter certain properties for inspections and such.
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October 11th, 2008 08:39 PM
#3
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Generic hold harmless (or "indemnity" as it is really called) agreements are not blanket agreements where you substitute yourself in the place of another person for all time.
An indemnity agreement only applies if there is legal action between you and the other party (like if you borrowed someone's car and wrecked it) OR if your property is involved in some manner (like if you rented a garage from an absentee landlord to store a classic car and the garage burned down and you both agreed that the landlord wouldn't be responsible if that sort of thing happened).
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October 11th, 2008 09:34 PM
#4
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Originally Posted by
exactlymypoint
I keep seeing this phrase everywhere:
I was told that should there be any legal action against the other person, that I am legally bound to put up my money to defend them to the death in court.
Anyone know if that is true?
These agreements do generally obligate you to be responsible for the other sides costs in a suit arising from the subject matter of the agreement, which the indemnification agreement is a part.
"It does not do to leave a dragon out of your calculations, if you live near him."
J. R. R. Tolkien
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