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RR -Advocacy

Right and Duties of Indemnified and Indemnifier ?

INDEMNIFIER An  i ndemnifier  is the party who promises to compensate another party (the indemnitee or indemnity holder) for a loss, damage, or liability incurred as per contract. The major right of indemnifier are :-  a. The indemnifier can recover any amount paid by the indemnified person without legal necessity. b.  Right to benefit of remedies  after paying compensation, the indemnifier can use the legal rights and        remedies of the indemnified against third parties. c. The indemnifier may take reasonable steps to prevent unnecessary loss or damage. d. The indemnifier is not liable if loss done by indemnified intentionally. e. Right to deny if Indemnity holder worked negligently. The major duties of indemnifier are :- a. Duty to compensate Loss   b. Duty to pay damages  of indemnity holder c. Duty to pay legal costs  paid by indemnity holder d. Duty to pay settlement amount  as par law e. Duty to act in good fait...

Types of Contract of Indemnity

  There are mainly two types of Contract of indemnity which are :-  a)       The Express Contract of Indemnity When the contract of indemnity is written or orally consented, then such indemnity contracts are said to be Express Contract of Indemnity.  An express contract is a contract in which the terms and conditions are clearly stated in words , either written or spoken . Example:  Ram signs a written agreement to sell his house to Sita for Rs. 50,00,000. Both parties sign the document. This is an express contract because the terms are clearly written. b)       The Implied Contract of Indemnity   When the contract of indemnity is applied by a statute or by a common law that is in existence, then such indemnity contracts are said to be Implied Contract of Indemnity. Example:  When a patient visits a doctor for treatment, there is an implied contract that the doctor will provide medical care and th...

Constitutional Provision of Citizenship according to Constitution Of Nepal (2072)

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Part-2 Citizenship 10. Not to Deprive of Citizenship:  (1) No citizen of Nepal shall be deprived of the right to  obtain citizenship. (2) Provision of single federal citizenship with provincial identity has been  made in Nepal.   11. To be Citizens of Nepal:  (1) The persons who have obtained the citizenship of Nepal  at the time of commencement of this        Constitution and who are qualified to obtain  citizenship in accordance with this Part shall be           the citizens of Nepal. (2) The following person who has his or her permanent domicile in Nepal at  the time of                   commencement of this Constitution shall be the citizen of Nepal by  descent:- (a) A person who has obtained the citizenship of Nepal by descent prior  to the               commencement of this Constitution; (b) A ...

Kinds of Contract ?

 In contract law we have different kinds of contracts. These contracts can be grouped based on how they're formed if they are valid how they are performed and enforced.  The main types of contract are given below :- 1. On the Basis of Formation a. Express Contract : The terms of the express contract are clearly stated in words and this can be done by talking or, by writing it down.  Example: A written agreement between employee and employer. b. Implied Contract : The terms of implied contract denotes contract which is unwritten but formed by conduct or circumstances of any activities. Example: Paying a bus fare , Pay compensation for damage at the time of Carriage any goods. c. Quasi-Contract : Not a real contract but imposed by law to prevent unjust enrichment. Example: Finding and returning lost goods. 2. On the Basis of Validity a. Valid Contract : The contract which has fulfil all legal requirements of valid contract ( Like: offer, acceptance, consideration, capacity,...

Contract of Indemnity ?

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 Meaning of Contract of Indemnity A  contract of indemnity is a legal promise where one person (the indemnifier) agrees to pay for or "make good" any losses suffered by another person (the indemnity holder) due to specific events or the actions of certain people. Indemnity means “ Security against loss ”. Example :- I magine a software developer who signs a contract with a client to build a custom application. Within that contract, they include an indemnity clause. If a third-party company later sues the client, claiming that the software uses stolen code, the developer (the indemnifier) is legally obligated to pay for the client’s legal fees and any damages awarded by the court. In this paragraph-style scenario, the developer is "making good" the loss so that the client does not suffer financially for a mistake or legal issue created by the developer’s work. According to Section 571(1) of National Civil Code Act 2074;  “If a contract is concluded by which one pa...

What is Contract ?

What is Contract ? A contract is a voluntary agreement between two or more parties that the law recognizes and  enforces. It creates binding legal obligations, meaning each party is expected to perform what  they have promised. In civil law systems, contract law forms an important part of the law of  obligations and deals with the rights and responsibilities that arise from agreements. A  contract  is a  legally enforceable agreement  between  two or more parties  by which they  create, modify, or extinguish legal rights and obligations . A contract comes into existence when the parties reach a clear understanding that they intend  to be legally bound by their agreement. For a contract to be valid, there must usually be an  offer, acceptance of that offer, consideration, and a mutual intention to create legal relations . According to Section 504(1) of the Civil (Code) Act, 2074, “Contract means an agreement enforceable by law ...

Grade -12 Revision Classes for Law Students

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BALLB Entrance Preparation Institute in Nepal

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