黑料视频

It combines a sworn statement of ownership with a contractual promise to indemnify a third party against any loss arising if the ownership claim proves to be incorrect. The affidavit provides the evidential foundation and the indemnity agreement provides the financial protection, making the combined document stronger than either element alone.

Common situations include replacing a lost share certificate, releasing goods or funds without production of the original title document, or completing a conveyancing transaction where a gap in the title chain exists. The indemnifying party agrees to compensate the recipient for any claim that arises from releasing assets on the strength of the sworn statement.

The owner making the affidavit usually provides the indemnity personally. Where the owner is an individual of limited means, a third party such as a parent company, insurer, or financial institution may be asked to join as an indemnifying party or to provide a legal charge or bank guarantee to back the indemnity obligation.

The indemnity clause must be drafted as a genuine promise to compensate for actual loss. Courts in England and Wales will enforce a reasonable indemnity but may refuse to enforce a clause that functions as a penalty. The indemnity should specify the scope of losses covered, any cap on liability, and the duration for which claims can be made.

The affidavit and the indemnity should be part of the same document or cross-reference each other clearly. The indemnity obligation should be triggered by any loss caused by a claim that is inconsistent with the ownership statements in the affidavit. Both parts should be executed at the same time, with the oath taken before an authorised officer.

Yes. Parties may agree a fixed indemnity period, though for property or title matters a period of at least 12 years is standard, reflecting the limitation period under the Limitation Act 1980 for claims on deeds. For shorter commercial transactions, a limitation period matching the applicable statutory limitation period for contract claims (six years) is common.

A false statement on oath is perjury under the Perjury Act 1911, carrying up to seven years' imprisonment. Additionally, the recipient who relied on the false affidavit may bring a civil claim for deceit, fraudulent misrepresentation, or breach of the indemnity agreement, potentially recovering all losses caused by the false ownership claim.

The indemnity component may need to be executed as a deed under the Law of Property (Miscellaneous Provisions) Act 1989 if it is intended to be binding without consideration, particularly where there is no reciprocal payment from the indemnified party. Execution as a deed also extends the limitation period to 12 years, offering longer protection.