In which case the strict maxim of law that 'No person can be indemnified unless he has actually been…
Gajanan Moreshwar v. Moreshwar Madan recognised equitable protection for an indemnity holder whose liability has become absolute. The holder need not first pay a debt that…
Choose your answer
In which case the strict maxim of law that 'No person can be indemnified unless he has actually been damnified', has been liberalised on the basis of equity ?
Answer and explanation
Correct answer C
Gajanan Moreshwar v. Moreshwar Madan recognised equitable protection for an indemnity holder whose liability has become absolute. The holder need not first pay a debt that may be beyond their means and only then seek reimbursement. The indemnifier can instead be required to discharge the claim or provide a fund sufficient to meet it.
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