If an indemnity clause does not address itself to the issue of an indemnitee’s negligence, it is referred to as a “general” indemnity clause. “An indemnity clause phrased in general terms will not be interpreted… to provide indemnity for consequences resulting from the indemnitee’s own actively negligent acts.”

The failure to discover a dangerous condition or to perform a duty imposed by law is mere nonfeasance, which does not preclude indemnity under a general clause. Because the owners negligence was passive rather than active, it was entitled to indemnity.

Traynor, Markley v. Beagle, 66 Cal.2d 951

Published by IpSecy


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