Henry Norwood, Esq.’s article “The Joint Negligence Theory of Contractual Indemnity: Shielding Indemnitees for Concerted Action,” published in the Nova Law Review, Vol. 48, 2024
An indemnity agreement is a powerful tool a party can use to protect themselves when entering into a contract with another. Indemnity agreements can protect a party for another person’s fault or for the party’s own fault, but what about situations when the both parties are at fault? Courts have developed specific rules dealing with the situation of indemnity agreements for joint negligence. When contracting parties are engaged in concerted action, joint negligence indemnity agreements may be the best option.
The attached article “The Joint Negligence Theory of Contractual Indemnity: Shielding Indemnitees for Concerted Action,” was written by Henry Norwood, Esq. Permission to reprint by the Shepard Broad College of Law at Nova Southeastern University.