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Under US law, interpretation of indemnification clauses varies by state. [13] For example, in California indemnification clauses do not cover certain risks unless the risks are listed in the contract, but in New York, the brief clause, "X shall defend and indemnify Y for all claims arising from the Product" makes X responsible for all claims ...
Directors and officers liability insurance (also written directors' and officers' liability insurance; [1] often called D&O) is liability insurance payable to the directors and officers of a company, or to the organization itself, as indemnification (reimbursement) for losses or advancement of defense costs in the event an insured suffers such a loss as a result of a legal action brought for ...
In the United States, the enforceability of such a waiver depends on state law, a jury, and the language of the waiver. [1] A signed liability waiver is not a blanket exemption from liability for operators of a dangerous activity. [2]
Including boilerplate clauses is the process by which parties to the contract may better define their relationship and the will to provide certainty if terms in the contract are ever disputed. Boilerplate clauses are standard contractual terms that are routinely included in many contracts. [2] Some of the most common clause types are listed below:
A limited liability form separates the owner(s) from the business. The limited liability form essentially acts as a corporate veil that protects owners from liabilities of the business. [2] This means that when a business is found liable in a case, the owners are not themselves liable; rather, the business is.
In Delaware, a standard choice of law clause can cover liability arising in either tort or contract in order to avoid uncertainty. [19] [20] In New York, the express language of the provision must be “sufficiently broad” as to encompass the entire relationship between the contracting parties. [3] For example, in Krock v.
A couple has been arrested after authorities say they performed a botched circumcision on their son at their central Missouri home last week.. Prosecutors charged Tyler Wade Gibson, 35, with one ...
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
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