Indemnification, Contractual
1Elements and Case Citations
“A contract for indemnity is an agreement by which the promisor agrees to protect the promisee against loss or damages by reason of liability to a third party.” Dade Cnty. Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 643 (Fla. 1999). To allege a claim for contractual indemnity, a plaintiff must allege the elements of a breach of contract claim, and also allege (and prove) that:
- The party filing the claim cannot be at fault;
- The other party must be at fault.
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