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Article
Indemnity, Liability, Insolvency
Cardozo Law Review
Publication Date
1-1-2004
Abstract
Suppose A has a claim against B. B has a claim over against C. B, however, is insolvent and has not actually paid A. B's only asset is, in fact, B v C. To what extent can C claim that B v C is valueless - that B was not damaged because B was too broke to pay A?
This paper argues that the fundamental legal distinction between indemnity and liability is beginning to dissolve, because B can always pay A (and thereby give value to B v C) by borrowing the amount B owes and using B v C as collateral for the loan. This very possibility tends to render the distinction between indemnity and liability obsolete.
Publisher
Benjamin N. Cardozo School of Law
Keywords
- indemnity,
- insurance,
- liability,
- damages,
- bankruptcy
Disciplines
Citation Information
David G. Carlson. "Indemnity, Liability, Insolvency" Cardozo Law Review Vol. 25 (2004) p. 1951 Available at: http://works.bepress.com/david_carlson/19/