Definition of INDEMNITY


INDEMNITY

That which is given to a person to prevent his
suffering damage. 2 McCord, 279. Sometimes it signifies diminution;
a tenant who has been interrupted in the enjoyment of his lease may
require an indemnity from the lessor, that is, a reduction of his
rent.

2. It is a rule established in all just governments that, when
private property is required for public, use, indemnity shall be
given by the public to the owner. This is the case in the United
States. See Code Civil, art. 545. See Damnification.

3. Contracts made for the purpose of indemnifying a person for
doing an act for which he could be indicted, or an agreement to,
compensate a public officer for doing an act which is forbidden by
law, or omitting to do one which the law commands, are absolutely
void. But when the agreement with an officer was not to induce him
to neglect his duty, but to test a legal right, as to indemnify him
for not executing an execution, it was held to be good. 1 Bouv.
Inst. n. 780.

Source: Bouviers Law Dictionary 1856 Edition

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