Contracts
Nov. 13, 2014
The alarming ubiquity of 'super-omnibus indemnity'
Harsh contractual indemnity and hold harmless clauses, historically confined to sophisticated commercial contracts negotiated and vetted by lawyers on behalf of their clients, are now proliferating.
James Luce
James is a former criminal investigator and counter-intelligence officer for the Office of Special Investigations of the U.S. Air Force., as well as a former trial attorney, judge pro tem and judicial arbitrator. He is retired and writing in Spain.
Harsh contractual indemnity and hold harmless clauses, historically confined to sophisticated commercial contracts negotiated and vetted by lawyers on behalf of their clients, are now also commonly appearing in cut-and-paste consumer and personal services contracts that you've probably signed without reading and without the assistance of your own good counsel. Many not only absolve the indemnitees from their own negligence, but also require you to defend any claim made against the indemn...
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