At the risk of repeating these other legal commentators, the first wording advice is to remove the words “keep unscathed” from your compensation provision. When interpreting the term “compensation and keeping unscathed” as a verse, many courts have concluded that “compensation” and “maintaining compensation” are synonyms. So if you intend to be synonymous, then fall “keep harmless” to avoid each court trying to find meaning with these words other than compensation. If you intend these sentences to have a different meaning, then use a different phrase than “keep it unscathed” to avoid a court saying they are synonymous and citing a number of cases for that sentence. A major caveat to the above discussion is that there are situations in which “compensation and compensation” is used appropriately. For example, in a real estate purchase agreement granting the buyer the right to inspect the premises, the buyer may agree to compensate and compensate the seller for damages resulting from the buyer`s inspection activities. In other words, the buyer will exempt the seller from the damage he will cause to the seller`s property and keep the seller free of any damage caused to the buyer or his agents as a result of the buyer`s inspection activity. A possible, if true, far-fetched effect with the typical abuse of “compensation and compensation” could be to null and void the compensation awarded by the other party. If, in a sales contract, both a seller and a buyer agree to “compensate and compensate” the other party, will the harmless language given by one party (i.e. I will not attempt to make you liable for the damageS I suffer) nullify the compensation awarded by the other party? In fact, the discussion in these articles lacks a more fundamental topic – while sentences have been legally considered synonymous when used together, “staying unscathed” probably does not in itself mean that they are compensated. A non-detention clause is used more appropriately when a person agrees not to blame another person for the injury or damage suffered by the first person in the course of certain activities. A classic example is a participant in high-risk activities such as skydiving or climbing, who agrees not to sue the service provider if the participant is injured during the activity. In short, unless you have a situation such as pretension, where the verse is used correctly, stop “compensating” in your compensation rules.
Filed under Uncategorized