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JAIIB PPB Paper-2 Module-B Unit 9: Contracts of Indemnity

JAIIB Paper 2 (PPB) Module B Unit 9: Contracts of Indemnity (New Syllabus) 

The Institute of Indian Banking and Finance (IIBF) has not too long ago introduced the revised syllabus and examination format for the JAIIB Examination 2023. The upcoming examination will comprise of 4 papers, with Paper 2 (Rules & Practices of Banking) protecting Unit 9Contracts of Indemnity. This explicit unit holds important significance for candidates, as it is going to drastically impression their efficiency within the examination.

To help candidates in comprehending the subject, we’ll present all the mandatory particulars associated to Unit 9: Contracts of Indemnity of JAIIB Paper 2 (PPB) Module B: Capabilities of Banks. We strongly suggest candidates to confer with this text and in addition make the most of our On-line Mock Check Sequence to boost their understanding of Overseas Forex Accounts for Residents and different associated points.

For candidates showing for the JAIIB Certification Examination 2023, it’s important to grasp every unit within the syllabus, together with the Advertising unit. This unit holds nice significance within the banking business, and candidates should put together completely to excel within the examination and set up a profitable profession within the banking sector.

Contract of Indemnity

A Contract of Indemnity is a contract by which one social gathering guarantees to save lots of the opposite from loss more likely to be induced to him. This loss may be, both by the conduct of the promisor himself or by the conduct of some other individual.

Contract Of Indemnity Outlined

Sec.124 of the Indian Contract Act, 1872 defines contract of indemnity as follows: “A contract by which one social gathering guarantees to save lots of the opposite from loss induced to him by the conduct of the promisor himself, or by the conduct of some other individual, is known as a ‘Contract of Indemnity’.”  The promisor can be known as the indemnifier. The essence of any contract of indemnity is that the assured should show a loss.  The Part additionally offers an illustration of a Contract of Indemnity as follows:

A contract whereby A contracts to Indemnify B in opposition to the implications of any proceedings which C could take in opposition to B in respect of a sure sum of ` 200, is known as a contract of Indemnity.

On this illustration: 

  • The individual giving the promise i.e. A is known as the indemnifier, and
  • The individual to whom the promise is made i.e. B is known as the indemnified or the indemnity holder.

All insurance coverage contracts come inside the ambit of a contract of indemnity, however aren’t handled beneath Sec. 124 of the Contract Act. Sec. 124 offers solely with one explicit kind of indemnity, viz., the place an individual offers a promise to save lots of one other individual from loss brought on by both the conduct of the individual  giving the promise or by the conduct of some other individual. There are circumstances the place the Courts making use of the rules of basic regulation have held an individual liable to indemnify, although the individual by no means undertook  such a legal responsibility. The choice of the Privy Council in Secretary of State vs Financial institution of India Ltd. (AIR 1938 PC 191) greatest illustrates this level.

On this case, Ms. G was the holder of a Authorities promissory be aware which she had handed over to Mr.  A, her dealer. Mr. A cast Ms. G’ssignature and endorsed it in his favour. Mr. A then endorsed it for worth to the financial institution. The financial institution in good religion utilized to the Authorities Public Debt Workplace to have the be aware exchanged of their title, which was achieved. Ms. G on being conscious that she has been defrauded sued the Authorities and recovered the suitable damages. The Authorities in flip sued the financial institution to indemnify the Authorities in opposition to the loss suffered by them. The Court docket held the financial institution to be liable as a result of beneath frequent regulation protecting proper of indemnity, the financial institution is accountable for an harm to a 3rd social gathering’s rights.

All insurance coverage contracts are examples of contracts of indemnity as a result of all insurance coverage contracts are  contracts, which indemnify an individual from sure losses, which he could undergo, e.g. beneath a hearth insurance coverage  coverage taken by a shopkeeper for his godown, the insurance coverage firm undertakes to pay a certain quantity  to the coverage holder (i.e. the shopkeeper) within the occasion of fireplace within the godown, topic to the circumstances of  the coverage and fee of premium by the shopkeeper (coverage holder).

Distinctive Options Of Indemnity Contract And Assure

  • Variety of Events to the Contract
  • Contingent Threat
  • Nature of Legal responsibility
  • Variety of Contracts
  • Function of Contract
  • Could also be categorical or implied
  • Covers solely the precise loss

Rights Of Indemnity Holder

The indemnity holder (i.e. the promisee or the one that is indemnified) has the next rights when sued (i.e. when a authorized motion is taken in opposition to the one that has indemnified).

The promisee is entitled to get better from the promisor, in respect of the matter to which the promise to indemnify applies:

  • All damages which he could also be compelled to pay in any go well with, in respect of any matter to which the promise to indemnify applies.
  •  All prices which he could also be compelled to pay in any go well with.
  • All sums paid in compromise, not opposite to indemnity.
  • Proper to sue for particular performance- the indemnity holder is entitled to sue for particular efficiency if he has incurred absolute legal responsibility and the contract covers such legal responsibility.

Implied Indemnity

A Contract of indemnity could also be categorical or implied relying upon the circumstances of the case, via part 124 of the India Contract Act doesn’t appear to cowl the case of implied indemnity.

Enforceability of Contract of Indemnity

The Legal responsibility of the Indemnifier commences as quickly because the lack of the indemnified turns into absolute, sure or imminent. It isn’t obligatory that the promise ought to pay for the loss.

JAIIB PPB Module B Unit 9 Contracts of Indemnity (Ambitious Baba) PDF

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