LAWS107 Chapter 5: week 5
Document Summary
Indemnity: the person giving the indemnity is primarily liable whether or not a third party makes default, a true indemnity is a primary obligation. The statute of frauds provisions requiring certain types of contracts to be evidenced in writing generally apply to guarantees but not indemnities: tipperary. The question whether this contract was one of guarantee or indemnity. It dates backto the statute of frauds, and has raised many hair-splitting distinctions of exactly that kind which brings the law into hatred, ridicule and contempt by the public. : The father of an infant hirer under a hire-purchase contract which was void under the. Infants relief act 1874, signed a "hire-purchase indemnity and undertaking" whereby he agreed with the hire-purchase company "to indemnify ". The infant defaulted and the father defended a claim against him by the company on the ground that his agreement was a guarantee of a void contract and as such was itself void.
