[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-283259-105":53,"doc-detail-283259-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","indemnity-and-hold-harmless-clauses-1-introduction-and-definition","Indemnity-and Hold Harmless Clauses - 1 Introduction and Definition","","Indemnity and hold harmless clauses are examined within English and Norwegian legal regimes, with emphasis on how these contractual provisions are interpreted and how liability is allocated. The study limits its scope to commercial contracts negotiated between business parties, excluding indemnity between commercial actors and consumers. It summarizes selected issues from the main thesis on Norwegian law, defining key terms and organizing indemnity clauses into categories based on the liability covered, including tort-related indemnities and their distinction from guarantees.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/indemnity-and-hold-harmless-clauses-1-introduction-and-definition/283259/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/indemnity-and-hold-harmless-clauses-1-introduction-and-definition/283259.png","ImageObject",442,249,{"name":88,"@type":89},"Sarah ","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",7,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"What is the scope of the abstract’s analysis of indemnity and hold harmless clauses?","Question",{"text":109,"@type":110},"It focuses on selected aspects of how such clauses are treated in the English and Norwegian legal regimes, limited to commercial contracts negotiated by business parties.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"How does the abstract define an indemnity clause?",{"text":114,"@type":110},"Indemnity is presented as a duty to make good another party’s loss, damage, or liability, or as a right of an injured party to claim reimbursement from the party under such duty.",{"name":116,"@type":107,"acceptedAnswer":117},"How are indemnity clauses related to liability in tort, and how do they differ from guarantees?",{"text":118,"@type":110},"The abstract explains that tort-related indemnity clauses cover liability one party incurs to third parties or that third parties may incur toward the other. It distinguishes indemnities from guarantees by treating indemnifiers’ liability as primary and enforcing the indemnity even where a guarantor-like defense might otherwise apply.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},283259,1790212008,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":136,"language":137,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":138,"faqs":139,"seo_title":140,"seo_description":61,"update_tm":141,"read_time":142},962085320529,"https://ap-avatar.wpscdn.com/davatar_9964176cb1d06d4a9deccf72a44ae3dc","Indemnity-and Hold Harmless Clauses  \n1 Introduction and Definition  \n1.1 Legal regimes and limitations  \nThis abstract will focus on some aspects of how indemnity and hold harmless clauses are treated in the English and Norwegian legal regimes. It should be noted that this abstract will only treat commercial contracts negotiated by businessmen. Accordingly, special problems connected to the use of indemnity clauses between a commercial party and a consumer will not be treated.  \nIt should be pointed out that this abstract only contains a short summary of a few selected problems from the main thesis “Indemnity-og hold harmless-klausuler i norsk rett.” For amore complete overview and detailed discussions, please refer to the main thesis.  \n1.2 Definitions and presentation of legal term  \nIndemnity clause  \n“Indemnity” is a widespread expression used not only in a contractual context. It can be defined as “[a] duty to make good any loss, damage or liability incurred by another,” or alternatively “[t]he right of an injured party to claim reimbursement for its loss, damage or liability from a person who has such duty.”1 Indemnity clauses are used in very dissimilar and vast numbers of commercial contracts. As the following will show, it is not possible to define, in general, the exact content of indemnity clauses, as this will depend upon the wording of each individual contract. It is important to keep in mind that the effects of such  \n1 Black’s Law Dictionary  \nclauses are not decided by the label “indemnity clause,” but on the basis of the contractual wording itself.  \nA study of theory and contract practice shows that indemnity clauses can be sorted into three main categories, based on the liability covered by the clause. It should be pointed out that an indemnity clause might cover one, or even all, of these categories, depending upon the exact wording of the clause. The purpose of this division is to give an overview of how indemnity clauses can distribute liability. However, this division has not been used by English or Norwegian courts, and therefore does not have any legal consequences.  \nLiability in tort  \nThe first category of indemnity clauses consists of clauses in which one party to the contract agrees to indemnify the other party against liability in tort. A good example of this is a contract using the “knock for knock” principle, where the parties agree to reciprocal indemnities covering such liability. There are several different forms of liability that can occur under this category. The first is liability that one party may incur towards third parties. For example, in a construction contract, let’s say a subcontractor A agrees to indemnify the general contractor B. The subcontractor is hired to do tile work on a commercial building, and as the tile work turns out to be defective, the general contractor incurs liability towards the owner. Another example is where contractor A and contractor B agree to an indemnity clause where A is to indemnify B against any loss or liability with respect to personal injury, in relation to the execution of the contract. If in this case B was to injure2 one of A’s employees, B has the right under the agreement to be indemnified by A, effectively making A bear the liability towards the employee.3  \nThe second form of liability is where one party agrees to indemnify another party against liability which third parties may incur towards that other party. This category has many  \n2 A common question in this relation is whether negligence is covered by the indemnity clause or not. For more about this, see section 2.2.3.  \n3 This was the case in Smith v South Wales Switchgear Ltd,[1978] 1 WLR 165  \nresemblances with guarantees, but an obligation to indemnify must be distinguished from an obligation to guarantee. An example of this is the case of Yeoman Credit Ltd. v Latter, 4 where a company let a car on hire-purchase to the first defendant, who was an infant. The second defendant signed","cbCainwfamEaLv7G","https://ap.wps.com/l/cbCainwfamEaLv7G","pdf",106886,28,"English","# Indemnity-and Hold Harmless Clauses\n## Introduction and Definition\n## Legal regimes and limitations\n## Definitions and presentation of legal term\n## Indemnity clause\n## Liability in tort","[{\"question\":\"What is the scope of the abstract’s analysis of indemnity and hold harmless clauses?\",\"answer\":\"It focuses on selected aspects of how such clauses are treated in the English and Norwegian legal regimes, limited to commercial contracts negotiated by business parties.\"},{\"question\":\"How does the abstract define an indemnity clause?\",\"answer\":\"Indemnity is presented as a duty to make good another party’s loss, damage, or liability, or as a right of an injured party to claim reimbursement from the party under such duty.\"},{\"question\":\"How are indemnity clauses related to liability in tort, and how do they differ from guarantees?\",\"answer\":\"The abstract explains that tort-related indemnity clauses cover liability one party incurs to third parties or that third parties may incur toward the other. It distinguishes indemnities from guarantees by treating indemnifiers’ liability as primary and enforcing the indemnity even where a guarantor-like defense might otherwise apply.\"}]","Indemnity-and Hold Harmless Clauses - 1 Introduction and Definition | PDF",1789595416,10]