of secondary liability; to answer for another's default) must be evidenced in writing. No such formal requirement exists in respect of indemnities (involving the assumption of primary liability; to pay irrespective of another's default) which are enforceable even if made orally.

Under current English law, indemnities must be clearly and precisely worded in the contract in order to be enforceable. The Unfair Contract Terms Act 1977 stated that a consumer cannot be made to unreasonably