In force2023 Revised EditionCurrent version · 2023 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Contracts Act · 2023 Revised Edition · Part · Indemnity and Guarantee
Contracts Act · 2023 Revised Edition · Part · Indemnity and Guarantee
Official textFrom Attorney General's Chambers, unchanged
The promisee in the contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor —
all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies;
all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorised him to bring or defend the suit;
all sums which he may have been paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorised him to compromise the suit.
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