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Test: Meaning of Contract of Indemnity - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Meaning of Contract of Indemnity

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Test: Meaning of Contract of Indemnity - Question 1

What is the primary purpose of a Contract of Indemnity in legal agreements?

Detailed Solution for Test: Meaning of Contract of Indemnity - Question 1
The primary purpose of a Contract of Indemnity in legal agreements is to protect individuals or entities from financial harm under specified circumstances. This agreement ensures that one party commits to compensating another party for any loss incurred due to predefined situations. It is designed to shield individuals from potential damages or losses that may arise, offering a sense of security and protection against unforeseen events.
Test: Meaning of Contract of Indemnity - Question 2

In indemnity agreements, what does the concept of indemnity essentially provide protection against?

Detailed Solution for Test: Meaning of Contract of Indemnity - Question 2
The concept of indemnity essentially provides protection against potential damages or losses. It involves one party agreeing to bear the financial consequences that another party may face in specific situations. By offering this protection, indemnity ensures that individuals are not unfairly burdened with liabilities beyond their control, creating a sense of financial security in various scenarios.
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Test: Meaning of Contract of Indemnity - Question 3

In English Law, what does an indemnity represent in relationships like principal-agent or employer-employee relationships?

Detailed Solution for Test: Meaning of Contract of Indemnity - Question 3
In English Law, an indemnity represents a promise to shield individuals from the repercussions of certain actions in relationships like principal-agent or employer-employee relationships. This promise can be explicit or implicit, serving as a means to protect individuals from adverse outcomes that may result from their actions within these specific relationships. It aims to provide a sense of security and assurance, ensuring that individuals are safeguarded from potential consequences.
Test: Meaning of Contract of Indemnity - Question 4
What does a Contract of Indemnity primarily aim to achieve in legal agreements?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 4
A Contract of Indemnity in legal agreements primarily aims to ensure that the indemnified party is compensated for any resulting losses, irrespective of third-party actions. It serves as a form of protection for the party entering into a contract or incurring liabilities, guaranteeing compensation for losses incurred.
Test: Meaning of Contract of Indemnity - Question 5
In the legal concept of Indemnity, what is the significance of shifting liability from one party to another?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 5
In the legal concept of Indemnity, shifting liability from one party to another signifies holding one party primarily responsible for the liabilities involved, even if the other party is only technically at fault. This transfer of liability plays a crucial role in cases where one party bears the financial consequences of another's actions.
Test: Meaning of Contract of Indemnity - Question 6
How does the Contract of Indemnity under the Indian Contracts Act 1872 protect parties involved in transactions?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 6
The Contract of Indemnity under the Indian Contracts Act 1872 protects parties involved in transactions by outlining the obligations of the indemnifier. The indemnifier promises to protect the indemnified party from losses caused by either the indemnifier's actions or those of others, ensuring financial security and fair treatment in various contractual dealings.
Test: Meaning of Contract of Indemnity - Question 7
What is a distinguishing characteristic of contracts of indemnity compared to contracts of guarantee?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 7
Contracts of indemnity differ from contracts of guarantee in that they typically involve only two parties. This distinction is crucial as contracts of guarantee usually involve three parties: the guarantor, the creditor, and the principal debtor. Understanding this key difference helps clarify the nature and scope of indemnity agreements.
Test: Meaning of Contract of Indemnity - Question 8
What does Section 125 of the Indian Contract Act primarily outline regarding the extent of liability in a contract of indemnity?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 8
Section 125 of the Indian Contract Act specifies that the promisor is liable regardless of whether the promisee makes default. This means that the promisor's obligation to indemnify the promisee exists irrespective of the promisee's actions. This ensures that the promisee can recover damages that he was compelled to pay in a suit for which he was being indemnified. It establishes a clear responsibility on the part of the promisor to fulfill the terms of the indemnity contract.
Test: Meaning of Contract of Indemnity - Question 9
What principle was illustrated in the case of Geismar v. Sun Alliance and London Insurance Ltd regarding indemnity?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 9
The case of Geismar v. Sun Alliance and London Insurance Ltd established the principle that indemnity cannot be claimed for the consequences of an intentional wrongful act. This ruling emphasizes the importance of acting in good faith and within the boundaries of the law when it comes to indemnity claims. It underscores the notion that indemnity is not a blanket protection for all actions but rather a remedy for certain liabilities within the scope of a contractual agreement.
Test: Meaning of Contract of Indemnity - Question 10
In which case was the plaintiff compensated for following the defendant's instructions and suffering a loss as a result?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 10
In the case of Adamson v. Jarvis, the plaintiff was compensated because he acted according to the defendant's instructions and incurred a loss as a result. This case highlights the importance of following instructions in contractual agreements and the resulting liabilities.
Test: Meaning of Contract of Indemnity - Question 11
Under what circumstance can indemnity not be implied, as per the ruling in Mehrauli v. Sariatulla?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 11
Indemnity cannot be implied in situations such as when a person executes a bail bond, as ruled in Mehrauli v. Sariatulla. This case emphasizes the specific circumstances under which indemnity cannot be assumed and the importance of explicit agreements in legal matters.
Test: Meaning of Contract of Indemnity - Question 12
When does the indemnifier become liable to pay according to traditional English Rule?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 12
According to the traditional English Rule, the indemnifier becomes liable to pay once the indemnity holder has suffered an injury or loss. This principle was based on the idea that one must be "damnified before claiming to be indemnified." This approach indicates that payment from the indemnifier is triggered by the actual occurrence of harm or loss to the indemnified party.
Test: Meaning of Contract of Indemnity - Question 13
When does the indemnifier become liable to pay under traditional English Rule?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 13
According to the traditional English Rule, the indemnifier becomes liable to pay only after an actual loss has been incurred. This rule emphasizes that the indemnified party must suffer a loss before claiming indemnification, following the maxim "you must be damnified before you claim to be indemnified."
Test: Meaning of Contract of Indemnity - Question 14
When does the indemnity holder recover the promised indemnity according to established case law?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 14
According to established case law, such as Chand Bibi v. Santosh Kumar Pal, the indemnity holder can recover the promised indemnity once the loss becomes absolute or certain. This means that the indemnifier's liability arises when the indemnified suffers a loss, and the indemnity holder can claim the promised indemnity under these circumstances.
Test: Meaning of Contract of Indemnity - Question 15
What does the Indian Contract Act, 1872 primarily govern in India?
Detailed Solution for Test: Meaning of Contract of Indemnity - Question 15
The Indian Contract Act, 1872 primarily governs contracts and agreements in India. It addresses the rights and obligations of parties involved in a contract, providing a legal framework for their interactions.
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