This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab at the University of Michigan Law School.
In negotiations for most any contract, the allocation of risks between the parties is often a major point of negotiation. Indemnification provisions are no exception, as they shift the risk of the occurrence of specified losses from the indemnified party to the indemnifying party, as further specified by the provision. Not all indemnification provisions, however, are created equal. Silence or the inclusion of certain words may affect important aspects of the parties’ rights under the indemnity.
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