Law clarification
Can I write CMA inter law in my own words while retaining concept, meaning and Keywords?
For example:
Instead of writing this ( which is present in module and is gonna be in suggested answers)
Rights of indemnity holder when sued
Section 125 provides the rights of indemnity holder when sued. This section provides that the promise, in a
contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor-
1.) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to
indemnify applies;
2.) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not
contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence
of any contract of indemnity, or if the promisor authorized him to bring or defend the suit;
3.)all the sums which he may have paid under the terms of any compromise of any such suit, if the compromise
was not contrary to the orders of the promisor, and was one which it would have been prudent for the promise
to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the
suit.
This section is not exhaustive and does not set out all the reliefs which an indemnity holder who has been sued
may get. It leaves untouched certain equitable reliefs which he may get. The rights of the indemnity holder are
not confined to those mentioned in this section. Even before damage is incurred, it is open to him to sue for the
specific performance of the contract of indemnity, provided that it is show, that an absolute liability has been
incurred by him and that the contract of indemnity covers the said liability.
In ‘Pepin V. Chandra Seekur’, ILR 5 Cal. 811 it was held that in the case of contract of indemnity, the liability
of the party indemnified to a third person is not only contemplated at the time of indemnity, but is the very
moving cause of that contract and in case of such a nature, the costs reasonably incurred in resisting or reducing
or ascertaining the claim may be recovered.
Can I write like this?
Rights of Indemnity Holder when Sued (Section 125)
Section 125 provides that the indemnity holder (promisee), acting within the scope of his authority, is entitled to recover from the promisor the following amounts:
- All Damages
The indemnity holder can recover all damages which he is compelled to pay in any suit relating to the matter covered by the contract of indemnity.
- All Costs of Suit
He can recover all legal costs incurred in bringing or defending the suit, provided:
He did not contravene the orders of the promisor, and
Acted prudently as a reasonable person would
- All Sums Paid in Compromise
He can recover all amounts paid in settlement, if:
The compromise was not against the orders of the promisor, and
It was prudent, and
It was made with the promisor’s consent
Section 125 is not exhaustive . other equitable reliefs may also be available
Relevant case law: Pepin V. Chandra seekur
Will I atleast get 5 out of 7???