California, United States of America
The following excerpt is from Baldwin Contracting Co. v. Winston Steel Works, Inc., 236 Cal.App.2d 565, 46 Cal.Rptr. 421 (Cal. App. 1965):
Mr. Justice Tobriner, in Goldman v. Ecco-Phoenix, supra, stated the rule as follows: 'Although the cases have held that one may provide by agreement for indemnification against his own negligence [citations], the agreement for indemnification must be clear and explicit; the agreement must be strictly construed against the indemnitee. In view of the general rule that an implied indemnity does not reach to protect the indemnitee from a loss to which his negligence has contributed, we must look at least for an express undertaking in the document that he is to do so. If one intends to do more than merely incorporate the general rule into the written document, he will be required to fix the greater obligation in specfic terms. And the extent of the purported indemnitor's liability must be determined from an objective assessment of
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