Glossary entry

Norwegian term or phrase:

holde skadesl�s

English translation:

hold harmless

    The asker opted for community grading. The question was closed on 2009-11-02 06:54:07 based on peer agreement (or, if there were too few peer comments, asker preference.)
Oct 29, 2009 10:59
14 yrs ago
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Norwegian term

holde skadesl�s

Norwegian to English Bus/Financial Insurance contracts
Leverand�ren skal holde Selskapet skadesl�s for ethvert krav knyttet til:
I can't get my brain around the verb here.
Shall the Supplier indemnify the Company,
or Shall the Company indemnify the Supplier?
Or would it be: The Supplier shall not be held responsible... or The Company shall not be held responsible? Indemnify or hold harmless?

Discussion

jeffrey engberg (asker) Oct 30, 2009:
Insurance contract, first line Because this is the first line of the insurance disclaimer, I think hold harmless is correct. Indemnity looks toward compensation.
While hold harmless covers the full range relieving from harm in all ways, not only financial. And thanks for clarifying WHO holds who harmless.
Charles Ek Oct 29, 2009:
I'll stick to Norwegian, since I think your Swedish reference was inadvertent. I would probably use "godtgjøre og holde skadesløs" for "indemnify and hold harmless". You may also see "erstatte og holde skadesløs".
Charlesp Oct 29, 2009:
a question to Charles Ek How would you translate "indemnify and hold harmless" into Swedish then? (Wouldnt it be simply "holde skadesl�s" ?
Charles Ek Oct 29, 2009:
The Supplier is the party that is holding harmless the Company here.

Personally, I would not expand upon the source language by including both the suggested translations. There are actually legal distinctions between them, whether those distinctions are consistently recognized or not. I agree that it is common to combine them in contract language, but that has not been done in the source here.
Charlesp Oct 29, 2009:
actually "Hold Harmless Clause" is more common than "hold harmless agreement" (as a header)
Charlesp Oct 29, 2009:
Either is ok, or even both. Either term is ok, or sometimes both are used together (as is often the case with legal language). "shall indemnify and hold harmless" is actually a common term

Or it is called a "hold harmless agreement" (as in the header), and the text says "shall indemnify."

Proposed translations

+2
1 hr
Selected

hold harmless

There are differences between "hold harmless" and "indemnify" that are respected by some legal authorities and ignored by others. In this instance. I think "hold harmless" is the more appropriate translation.
Peer comment(s):

agree Neil Crockford
2 hrs
agree Charlesp : considering the discussion above, I think it is a reasonable argument for why "hold harmless" is the more appropriate translation.
14 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Indemnity looks to compensation, whereas in this general context we are looking at relieving from blame."
+2
4 mins

indemnify

'indemnify' is how I usually translate this phrase
Peer comment(s):

agree Christine Andersen
6 mins
agree Malberg
1 hr
Something went wrong...
9 hrs

indemnify and hold harmless

Best to use both together, as this is a phrase with a particular meaning in law (two terms are often used together in common law legal language).

This phrase "shall indemnify and hold harmless" is actually quite common, but do not reverse the two terms.

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Note added at 9 hrs (2009-10-29 20:11:31 GMT)
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P.S. Sometimes it is written as "shall defend, hold harmless and indemnify" -- but to add "defend" here is perhaps a little too much to add by implication.
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