Unfair Contract Terms Act 1977 (UCTA): Primary legislation regulating exclusion and limitation clauses in contracts. Sets restrictions on liability exclusions and limitations, particularly in business-to-business contracts.
Consumer Rights Act 2015: Governs fairness in consumer contracts, prohibits unfair terms, and requires transparency and prominence of contractual terms, particularly relevant if the indemnity involves consumers.
Misrepresentation Act 1967: Deals with statements made prior to contractual agreements and their impact on contract validity, affecting the enforceability of indemnity provisions.
Limitation Act 1980: Establishes statutory time limits for bringing claims and affects the duration of indemnity enforceability.
Common Law Principles: Includes the contra proferentem rule for interpreting ambiguous terms, general principles of contractual interpretation, and rules regarding consideration.
Financial Services and Markets Act 2000: Relevant legislation when the indemnity relates to financial services or regulated activities within the financial sector.
Companies Act 2006: Key legislation for indemnities involving corporate entities, particularly important for director indemnities and corporate governance.
Third Parties (Rights Against Insurers) Act 2010: Legislation governing situations where insurance is involved in the indemnity arrangement, protecting third party rights.
