Massachusetts high court: indemnity clause survives time limitation statute

Massachusetts high court: indemnity clause survives time limitation statute


“A key difference between an action in tort and an action in contract is that in the latter, the standard of performance is set by the defendants’ promises, rather than imposed by law,” the court wrote. The indemnity obligation in this case, the court found, was one CHA “freely and intelligently chose to be bound” by, and as such, was not subject to the tort-based time limitation.



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