Rights of an indemnity holder are the duties of an indemnifier. He must pay all damages, all costs and all sum of money is according to an agreement of contract of Indemnity. Similarly, Duties of indemnity holder are the rights of indemnifier.
Rights of indemnifier
There are not prescribed any specific rights of indemnifier either in Nepalese law or in Indian law.
- If indemnity holder acts negligently.
- If indemnity holder is acting with the intention of causing any loss or damage.
- If he is acting against the instruction of the other party (promisor).
Duties of indemnifier
The duties of an indemnifier arise in the following circumstances.
- There must be a loss in accordance with the contract to make the indemnifier liable.
- There must be an occurrence of the anticipated events.
- Where the right of indemnity is used by the indemnity holder prudently and the instruction of the indemnifier is not contravened or when there is no breach of contract.
- If the costs demanded by the indemnifier are not caused by negligence, haphazard behavior.