Contracts (Rights of Third Parties) Act 1999: Determines whether third parties can enforce terms of the indemnity agreement. Essential for understanding the scope of who can enforce the indemnity provisions.
Limitation Act 1980: Sets statutory time limits for bringing claims under contracts. Crucial for determining the duration of enforceability for indemnity obligations.
Unfair Contract Terms Act 1977: Regulates exclusion and limitation clauses, particularly important if one party is a business and the other a consumer. Controls unreasonable indemnity provisions.
Consumer Rights Act 2015: Ensures fairness of contractual terms when dealing with consumers. Relevant if any party to the indemnity agreement is a consumer.
Doctrine of Consideration: Common law principle ensuring the agreement is legally binding by requiring each party to provide something of value in exchange.
Contractual Interpretation Principles: Common law rules for interpreting contract terms, as established in cases like Wood v Capita Insurance Services Ltd [2017].
Remoteness of Damage Principles: Common law principles established in Hadley v Baxendale [1854] determining recoverable losses under the indemnity.
Financial Services and Markets Act 2000: Regulatory framework relevant if the indemnity relates to regulated financial activities or services.
Companies Act 2006: Relevant when either party is a company, particularly regarding authority to enter into indemnity agreements and corporate capacity.
Misrepresentation Act 1967: Governs statements made during negotiation of the agreement and remedies for false statements that induced the contract.
