In contract of indemnity, the liability of the indemnifier is —
The indemnifier undertakes a primary obligation to protect the indemnity holder against the covered loss. Liability arises under that undertaking and its conditions, rather…
Choose your answer
In contract of indemnity, the liability of the indemnifier is —
Answer and explanation
Correct answer A
The indemnifier undertakes a primary obligation to protect the indemnity holder against the covered loss. Liability arises under that undertaking and its conditions, rather than as a promise to answer for a principal debtor’s default. The latter structure characterises a guarantee and the surety’s secondary obligation.
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