An act of compensation protects those who have acted unlawfully from punishment. This exception generally applies to officers such as police officers or government officials, who are sometimes forced to commit illegal acts in order to carry out the responsibilities of their work. Often, such protection is granted to a group of people who have committed an illegal act for the common good, such as the assassination of a well-known dictator or terrorist leader. The indemnification contract is a form of conditional contract, since the liability of the person liable for compensation is based on an event whose occurrence is conditional. In addition, the liability of the person liable for compensation is primary and independent. The holder of the compensation acting on the periphery of his authority may compensate him for the damage caused to him by the person liable for the compensation. In the following points, the rights of the holder of compensation to a lawsuit will therefore be discussed: The purpose of concluding a compensation contract is to protect the promisor from unforeseen losses. In 1825, Haiti was forced to pay France what was then called the “debt of independence.” The payments were intended to cover the losses that French plantation owners had “suffered” after the loss of land and slaves. While this form of reparation has been incredibly unfair, it is an example of many historical cases that show how compensation has been applied around the world. Any amount he could have paid under an agreement of such a lawsuit if, despite the pleas of the promise, the company was not and it would have been reasonable for the promise to do so without a compensation agreement, or if the promisor had sanctioned him to negotiate the lawsuit. Liability insurance is a way for a business (or individual) to obtain protection against claims.
This insurance protects the owner from having to pay the full compensation, even if the owner is responsible for the cause of the compensation. Offsetting clauses can be complicated to negotiate and lead to increased costs of services due to the increased risk of the contract. Compensation is a comprehensive form of insurance compensation for damage or loss. If the term compensation is used in the legal sense, it may also refer to a disclaimer for damages. As with any other form of insurance, liability insurance covers the cost of a claim, including but not limited to court costs, fees and settlements. The amount covered by insurance depends on the specific agreement and the cost of insurance depends on many factors, including the history of claims. Another common form of reparation is that which a victorious country demands from a losing country after a war. Depending on the amount and amount of compensation due, it can take years or even decades to be repaid. One of the best-known examples is the compensation that Germany paid after its role in the First World War. These repairs were finally reimbursed in 2010, nearly a century after their introduction. The promisor or the person entitled to compensation or compensation: This is the person whose damage is covered or who is compensated.
arise between the parties. This will have an impact in particular throughout the approval period of the agreement. Clearing and warranty contracts convey a certain central commonality. In each contract, one party agrees to pay in the interest of another party. Each of these categories of contracts is also used as protection against the misfortune of individuals and organizations. Another point of similarity that is worth mentioning is that they cannot be used to make enrichments without cause. In a comparative study between Punjab National Bank Ltd.c. Bikram Cotton Mills and Anr and Gajan Moreshwar v. Moreshwar Madan, it can be seen that the guarantee and compensation are used to compensate the creditor or the holder of the compensation or the principal debtor and the guarantee in the case of the Punjab National Bank, since the claimant had agreed to pay for the settlement of the debts. Contractual support: The Indian Contract Act, 1872, does not strictly mention the need for a written form of warranty contract. The oral and written form is sufficient.
The essence of the indemnification contract is loss to the party, i.e. compensation can only be made if the loss occurred to the other party or if it is certain that the loss will occur. The security is based on the consent of the principal debtor, the creditor and the guarantor, but this does not mean that there must be evidence that the principal debtor entered into its obligation at the express request of the principal debtor, since the tacit request is sufficiently silent to satisfy this requirement. The function of a guarantee contract is to allow a person to obtain credit for goods on credit or on employment. A guarantee contract becomes void without valid consideration[iv]. Definition: In everyday language, the word “compensation” implies the reimbursement of financial losses or protects someone against a loss. In the law, the indemnification contract can be defined as a legally valid contract between two persons in which one of the parties undertakes to compensate, that is, to compensate or reimburse the damage suffered by the other party as a result of the conduct of the party making the promise or by the conduct of the third party. Compensation is a contractual agreement between two parties.
In this Agreement, a party agrees to pay for any loss or damage caused by another party. A typical example is an insurance contract in which the insurer or the person entitled to compensation agrees to compensate the other (the insured or the person entitled to compensation) for damage or loss in exchange for the premiums paid by the insured to the insurer. With compensation, the insurer compensates the policyholder, i.e. promises to supplement the person or business for any covered loss. Although the concept of compensation and guarantee differs on several issues, they remain the two modes of remuneration with overlapping principles. This article analyzes both the similarities and differences between the two. Compensation, under p. 124 of the Indian Contracts Act, is a contract to compensate a party for a loss. The guarantee allows a person to obtain a loan for goods or employment and requires a valid consideration.
While a warranty agreement has 3 parties with different responsibilities, a indemnification agreement has two parties with primary liability. There are several of these differences, with a warranty having a far-reaching principle, as opposed to compensation, which occurs occasionally. [vii] WARRANTY AND INDEMNIFICATION AS A SECURITY OBJECT, Ale-Daniel Olaoluwa, Jonathan Julius Iyieke, Udeogu Chijioke [viii] Difference between the compensation and guarantee available at judicially-yours.blogspot.in/2010/02/difference-between-indemnity-and.html (Last visit on February 21, 2014) It is characterized by all the essential elements of a valid contract, i.e. the legal subject matter, the consideration, the free consent of the parties, the contractual capacity of the Parties, etc. [v] Difference between compensation and warranty available at www.ehow.com/info_8094382_differences-contract-indemnity-contract-guarantee.html#ixzz2swbr3ui2 (Last visit on 12 February 2014) [vi] Differences between the indemnification contract and the guarantee contract available at www.ehow.com/info_8094382_differences-contract-indemnity-contract-guarantee.html#ixzz2swdShgGT (last visit on 24 February 2014). February 2014) § 135 – In the event that an agreement between the creditor and the principal debtor, which intensifies the liability of the latter or gives him the guarantee to increase the time for the performance of the obligations or to swear from top to bottom, does not do so beyond any doubt, releases the guarantor, unless he accepts such an agreement. Real estate leases also contain set-off clauses. For example, in the case of a rental property, a tenant is usually liable for damages due to negligence, fines, attorneys` fees, etc., depending on the agreement. The nature of the indemnification contract may be explicit or implied, i.e. if one person expressly promises to protect the other person against loss, the nature of the contract will be explicit, while if the contract is apparent from the terms of the case, the nature of the contract will be implied. A warranty contract always has three parts; they are the creditor, the principal debtor and the guarantor; Whereas a compensation contract has two parties, the indemnity holder and the indemnity holder.
In a compensation contract, the person liable for the compensation assumes primary responsibility, while in a guarantee contract, the debtor is primarily liable and the guarantor assumes secondary liability. In the case of compensation, conditionality is that of the possibility or risk of suffering damage which the person entitled to compensation agrees to pay; During the guarantee, there is an existing debt or obligation, the performance of which is guaranteed by the guarantor. .