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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 ...
ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir. 1996) the click of a button accepting a license's terms on software counts as agreement; Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002) simply clicking a download button does not indicate agreement to the terms of a contract if those terms were not conspicuous; Seixas v.
For example, Article 1226 of the French Civil Code provides for clause pénale, a variant of liquidated damages which combines compensatory and coercive elements. Judges may adjust excessive contract penalties, but such clauses are not generally void as a matter of French law. [19]
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:
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 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.
If for example a defendant is in a car accident, and their insurance policy includes an indemnification clause, they can implead their insurance company to pay out the lawsuit. An impleaded party may turn around and sue the original defendant in turn, which is called a crossclaim .
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