Legal Question in Business Law in Georgia

Language for warranties vs. indemnification

Could you please explain the differnce between the language in warranties versus the language used in an indemnification?


Asked on 7/21/00, 1:12 pm

1 Answer from Attorneys

Jeff Kent Kent & Merritt, P.A.

Re: Language for warranties vs. indemnification

I am not sure that I understand the question. If you are asking the differences between warranties and indemnifications, very generally speaking, warranties are representations by a party (usually to a contract) that something will work as it is supposed to, while indemnifications generally involve a promise by a party that it will take legal responsibility for something if the other party has a claim made against him under certain circumstances. If your question is what specific language is required to constitute a warranty or indemnification, the answer varies significantly depending on the desired purpose of the representations. Such a question is not easily answered on a bulletin board format, and you would probably need to meet with an attorney or get self help from the internet or a legal forms book. If the question is as to whether language in a contract constitutes a warranty, an indemnification, both or neither, you will probably need to have someone familiar with such provisions analyze the language for you (such as an attorney).

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. I recommend that you speak with an attorney of your choosing before taking legal action.

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Answered on 9/13/00, 7:53 am


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