Adamson v. Jarvis



CASE COMMENT

Title of the Case : Adamson v. Jarvis

Equivalent Citation : 4 BING.66:29 R.R 503

DATE:  1827

 

PLAINTIFF………………………………………… ADAMSON

 

                                                   V.

RESPONDENT:……………………………………….JARVIS

 

 

INTRODUCTION

The contract of indemnification is considered in this instance under Sections 124 and 125 of the Indian Contract Act, 1872. A contract of indemnification is one in which one party rescues the other from damage caused by the promisor's own action or the conduct of another person. The question in this case was whether all of the damages that the indemnity holder has to pay in an action in relation to anything to which the pledge is if indemnifier applied? Is the plaintiff liable for damages because he was entirely ignorant that the respondent was not the true owner?

FACTS OF THE CASE

Jarvis gave Adamson livestock to be an auctioneer. In this case, the auctioneer was represented by the fact of principle that he was the true owner of the livestock and commodities. The auctioneer was uninformed that the principal had no authority to sell the goods. According to the facts, the principal was forced to seek auctioneer indemnification. In simple terms, indemnification is compensation for damages. According to Section 124 of the Indian Contract Act, 1872, indemnity is defined as a contractual arrangement between two parties in which one party commits to pay for possible losses or damages Jarvis was required to pay Adamson compensation. Adamson was entitled to compensation he had to give to the rightful owner of the animals, as well as any expenditures he had spent. The indemnifier accepts the duty to indemnify voluntarily. Adamson was permitted to sell the animals after following the instructions. However, Jarvis did not own the cattle. The true owner of the livestock sued Adamson for conversion and was victorious. Adamson was forced to pay damages, and he subsequently sued Jarvis to be compensated for the loss he experienced in the form of damages to be given to the true owner.incurred by the other party.Section -125 of the Indian Contract Act of 1872 applies when the indemnity holder is sued in a certain scenario.

 

ISSUES RAISED

(1)  That whether indemnity claimant has been obliged to pay all of the losses that the pledge of indemnifier relates to in any suit?

(2)  Whether Adamson was entitled to claim since he was entirely uninformed that Jarvis was not the true owner?

 

JUDGEMENT

The outcome of this lawsuit was that Jarvis was forced to pay Adamson damages because he lied about his ownership. It was determined that the defendant was accountable for the plaintiff's loss and must pay him in accordance with Section-125 of the 2nd rule.

 

CONCLUSION

Indemnification requires one party to indemnify the other if he incurs certain expenditures specified in the indemnity contract. Automobile rental firms, for example, state that the person hiring is responsible for any damage to the rental car caused by his reckless driving and must indemnify the rental company.The evolution of indemnification contracts in the IT industry has received the most attention recently. In certain cases, the existence of an indemnity might make a substantial impact, whilst in others, an indemnity contract would have little or no effect. Another novel notion in contract law is the 'Indemnification Lottery,' which says that in civil instances of indemnity, the outcome can never be foreseen. The word was coined by Brazilian jurist Leonardo Castro.A simple indemnification clause will not solve liability concerns. The law favours those who want to evade accountability or seek exemption from liability for their activities. The basic logic is that a negligent party should not be allowed to totally shift all liabilities and damages imposed on it to another, non-negligent party. For example, a ticket to an amusement park may state that everyone who enters the facility will not hold the management accountable. Because it is not founded on a contract, such a defence is unlikely to succeed in court.

 

 


Post a Comment

0 Comments