Jul 2, 2019 16:48
4 yrs ago
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English term

Indemnify and hold harmless

English to Hebrew Law/Patents Law (general) Wills and trusts
My estate will indemnify and hold harmless..

indemnify - ישפה. But I'd appreciate any input on an optimum translation of the two terms in sequence.

Thank you!

Discussion

Dov Kredo Jul 2, 2019:
עוקב, מסקרנות

Proposed translations

1 hr

ישפה ולא יטיל כל אחריות על ...

ישפה ולא יטיל כל אחריות על ...
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1 hr

לשפות ולהחזיק כלא מזיק

Hold Harmless. A "hold harmless" or "liability waiver" provision in a contract is an agreement between the parties whereby one or both parties agree not to hold the other party responsible for any loss, damage, or legal liability that may arise under the agreement.
The meaning is slightly different in British vs. American English. See https://www.adamsdrafting.com/hold-harmless-and-indemnify/

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Note added at 1 hr (2019-07-02 18:04:35 GMT)
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Black’s Law Dictionary supports my view. It defines hold harmless as follows: “To absolve (another party) from any responsibility for damage or other liability arising from the transaction; INDEMNIFY.” (It defines indemnify as follows: “To reimburse (another) for a loss suffered because of a third party’s or one’s own act or default. 2. To promise to reimburse (another) for such a loss. 3. To give (another) security against such a loss.”)

But in Mellinkoff’s Dictionary of American Legal Usage, David Mellinkoff says that “hold harmless is understood to protect another against the risk of loss as well as actual loss.” He goes on to say that indemnify is sometimes used as a synonym of hold harmless, but that indemnify can also mean “reimburse for any damage,” a narrower meaning than that of hold harmless.
Example sentence:

Tם indemnify somebody (against something) ןis to promise to pay somebody an amount of money if they suffer any damage or loss

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