Final post for 2022 - Simply have a wonderful Christmas Time **

With the annual leave season starting in earnest over the next couple of weeks and many advisers taking either extended leave or alternatively taking the opportunity to catch up on things not progressed during the calendar year, last week’s post will be the final one until early 2023.

Similarly, the social media contributions by both View and Matthew will also largely take a hiatus until the New Year as from today.

Thank you to all of those advisers who have read, and particularly those that have taken the time to provide feedback in relation to the posts.

Additional thanks also to those who have purchased the ‘Inside Stories – the consolidated book of posts’ (see - https://viewlegal.com.au/product/inside-stories-reference-guide/).

The 2022 edition of this book, containing all posts over the last year, edited to ensure every post is current, indexed and organised into chapters for each key area should be available early in 2023.

Very best wishes for Christmas and the New Year period.

** For the trainspotters, one of my favourite Christmas tunes, Paul McCartney and Simply Having a Wonderful Christmas Time’ see hear (sic):

Warranties and indemnities: don’t wanna fight**

Previous posts have considered various aspects of warranties and indemnities.

Generally, the scope of recovery and damages that may be obtained will be greater where an indemnity is provided.

This is because an indemnity is effectively a promise to either reimburse or make good relevant issues if they arise.

Furthermore, indemnities:

1. Do not require the person giving the indemnity to have actually caused the loss – in other words, regardless of how the loss arises, liability will be triggered.
2. Common law rules that normally limit the scope of liability, such as remoteness or an obligation to mitigate losses, do not apply in relation to indemnities.

In contrast, a warranty only provides a promise that certain statements are correct. Practically this means:

1. A party seeking to claim in relation to a breach of warranty must do so by seeking damages.
2. The common law principles mentioned above of remoteness and an obligation to mitigate potential losses do apply.

As usual, please contact me if you would like access to any of the content mentioned in this post.

** For the trainspotters, the title of today's post is riffed from the Alabama Shakes song ‘Don’t wanna fight’.

View here: