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indemnify from

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avs234 - 31 Jul 2007 01:40 GMT
COMPANY shall indemnify CONTRACTOR from all liabilities for death,
illness or injury  ...

INDEMNIFY (www.m-w.com):
1 : to secure against hurt, loss, or damage
2 : to make compensation to for incurred hurt, loss, or damage

1: COMPANY guarantees that CONTRACTOR will not be liable for death,
etc.
2: COMPANY must repay the money lost by CONTRACTOR in case of death,
etc.

How one can indemnify *from* when one naturally indemnifies (1)
*against* or (2) *for*?
Please help!  I just don't understand if there are any money
involved...
avs234 - 31 Jul 2007 02:09 GMT
Must be a blunder ...if there is any money involved...
tony cooper - 31 Jul 2007 02:10 GMT
>COMPANY shall indemnify CONTRACTOR from all liabilities for death,
>illness or injury  ...
[quoted text clipped - 12 lines]
>Please help!  I just don't understand if there are any money
>involved...

Put it in another, more familiar, context to make it simpler.  Your
automobile insurance protects you *from* loss caused by damage to your
vehicle.  That's synonymous with saying that your insurance protects
you *against* loss, so "from" and "against" are synonyms in this
usage.  

The settlement you receive is in compensation *for* your loss.  

The "indemnification" in your lead sentence is, in this case,
synonymous with "protects".  The idemnification may be in the form of
insurance, a bond, or a statement of assumption of liability.


Signature


Tony Cooper
Orlando, FL

Skitt - 31 Jul 2007 02:21 GMT
> COMPANY shall indemnify CONTRACTOR from all liabilities for death,
> illness or injury  ...
[quoted text clipped - 12 lines]
> Please help!  I just don't understand if there are any money
> involved...

Here are some definitions from
http://dictionary.law.com/default2.asp?

save harmless
v. 1) also called hold harmless, to indemnify (protect) another from harm or
cost. 2) to agree to guarantee that any debt, lawsuit or claim which may
arise as a result of a contract or contract performance will be paid or
taken care of by the party making the guarantee. Example: the seller of a
business agrees to "save harmless" the buyer from any unknown debts of the
business.
See also: hold harmless indemnify

hold harmless
n. a promise to pay any costs or claims which may result from an agreement.
Quite often this is part of a settlement agreement, in which one party is
concerned that there might be unknown lawsuits or claims stemming from the
situation, so the other party agrees to cover them.

indemnify
v. to guarantee against any loss which another might suffer. Example: two
parties settle a dispute over a contract, and one of them may agree to pay
any claims which may arise from the contract, holding the other harmless.
See also: hold harmless

As can be seen, the term "indemnify ... from" is used in legal language.
Whether money is involved would depend on the circumstances.  Certainly,
"from all liabilities" covers all liabilities, financial or otherwise.

Maybe Bob L. can be more authoritative than that.
Signature

Skitt

Robert Lieblich - 31 Jul 2007 11:33 GMT
[ ... ]

> As can be seen, the term "indemnify ... from" is used in legal language.
> Whether money is involved would depend on the circumstances.  Certainly,
> "from all liabilities" covers all liabilities, financial or otherwise.
>
> Maybe Bob L. can be more authoritative than that.

Not really.  American lawyers seem to have lost the gift of adhering
to the old formulations -- some of them even think they're writing
real English.  So although I doubt I'd ever use any preposition other
than "against" with "indemnify," I can't really gainsay "indemnify ...
from."  Its meaning seems clear, and I doubt even the most crotchety
of judges would penalize anyone for using it.

The concept of indemnity is basically a monetary one -- to pay money
to the indeminitee upon the occasion of the loss indemnified against.
It's a kind of infurance.  There's more to it than that, such as
absorbing legal costs in certain circumstances, but it's still
basically money that's involved.  Metaphorical uses in the broader
language are of course possible, but I doubt that a lawyer who gave
the matter any thought would use "indemnify" in a context involving
something other than money.

I'm braced for counter-examples.
avs234 - 31 Jul 2007 15:55 GMT
Thank you all for very helpful answers!
 
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