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Legal Memorandum: Contribution and Indemnity Claim for Restitution

Issue: What is required to survive a summary judgment motion regarding a contribution and indemnification claim regarding restitution?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Contribution and indemnification claim; Summary judgment motion; Restitution
Jurisdiction: Federal, Minnesota
Cited Cases: 258 Minn. 368
Cited Statutes: None
Date: 01/01/2009

A party may recover under indemnity:

(1) Where the one seeking indemnity has only a derivative or vicarious liability for damage caused by the one sought to be charged.

 

(2) Where the one seeking indemnity has incurred liability by action at the direction, in the interest of, and in reliance upon the one sought to be charged.

 

(3) Where the one seeking indemnity has incurred liability because of a breach of duty owed to him by the one sought to be charged.

 

. . . .

 

(5) Where there is an express contract between the parties containing an explicit undertaking to reimburse for liability of the character involved.

 

Blomgren v. Marshall Mgt. Services, Inc., 483 N.W.2d 504, 506 (Minn. App. 1992) (footnote omitted) (quoting Hendrickson, 258 Minn. 368, 371, 104 N.W.2d 843, 848) (citation omitted). 

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