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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 2010 Page 1 of about 85 results (0.045 seconds)

May 05 2010 (FN)

Farstad Supply as (Appellant) Vs. Enviroco Limited and Another

Court : UK Supreme Court

Decided on : May-05-2010

..... the pursuer and the party from whom a contribution is sought which provides that party with a defence to the pursuer's claim or entitles him to an indemnity from the pursuer under the contract. difficulty has however been caused by lord president emslie's observation in singer v gray tool co (europe) ltd 1984 slt 149, 150, that section 3(2 ..... from or liabilities towards asco itself. again, that makes no sense of the language. 59) the language therefore operates as a series of indemnities against third party exposure combined with exclusions of direct exposure to the other contracting party. this is both what the heading of clause 33 and what common commercial sense would lead one to expect under a scheme clearly ..... . 33.7 immediately on execution of the charter, and prior to commencement of services, the owner undertakes to exchange mutual hold harmless indemnities in respect of property and personnel with the owner of any offshore installation providing services under contract to any customer and to which the vessel may be ordered by the charterer. 33.8 without prejudice to the provisions of ..... intended to divide risk between the contracting parties. it is unnecessary to consider the position on the unreal hypothesis that clause 33.5 operates as a pure indemnity, enabling farstad to make any claims or demands and to assert any liability it liked as against asco in respect .....

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Jul 21 2010 (FN)

Rts Flexible Systems Limited (Respondents) Vs. Molkerei Alois Mülle ...

Court : UK Supreme Court

Decided on : Jul-21-2010

..... those costs should however be reduced both in the court of appeal and in this court for the reasons stated above. in the court of appeal the no contract point, which rts raised and has now lost, plainly took up a significant amount of time. moreover, the fact that rts took and succeeded on that ..... , it seems appropriate to indicate what order the court would have made as to the costs at first instance on the basis of its conclusion there was a contract, essentially on mf/1 terms. subject to the three points, on this basis m ller's submissions have been rejected and rts' alternative case has been accepted ..... had to come to this court to displace the decision of the court of appeal and has succeeded in doing so. moreover rts persisted in advancing the no contract point in this court. both parties made part 36 offers at first instance. in the light of that fact, subject to three points, the judge decided ..... s judgment, rts' primary case has failed at each stage but its alternative case at each stage has succeeded. the result is that, although there was a contract, it was essentially on mf/1 terms and, importantly, was not on the limited terms identified by the judge and relied upon by m ller at each ..... in its judgment and has now concluded that nothing is to be gained by summarising in an order the documents which it has held form part of the contract. the position is fully explained in the judgment. if there are any loose ends they must be resolved by the trial judge. in particular, some of .....

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May 19 2010 (FN)

Roberts (Fc) (Appellant) Vs. Gill and Co Solicitors and Others (Respon ...

Court : UK Supreme Court

Decided on : May-19-2010

..... the remainder of the property known as lower hellingtown farm would pass to john roberts. by clause 8, if the payment was not made or security/indemnity given then the properties would fall into residue. consequently (because of the value of the farm) if john roberts complied with the condition in clause ..... more elaborate, but for a long time there was very little direct interaction between them. in relation to causes of action founded on tort or simple contract, statutes of limitation referred, as the limitation act 1980 still does, to the date on which a cause of action accrued. that was the date ..... law would get into extreme confusion if we were to sanction actions of this kind raised by a beneficiary against one with whom he had no contract. the beneficiary has his rights against the trustees, for the trustees are in direct relation with him because of their having undertaken a trust for ..... the second case mentioned by lord hope, rae v meek (1889) 14 app cas 558, the beneficiaries under a settlement made pursuant to a marriage contract sued a trustee for having lost trust money which had been lent on the security of unfinished houses in a building speculation. the trustee was held ..... claim by virtue of their right as equitable assignees of the benefits of the principal to the original contract, they still sue in their personal capacity as principals through the same agency on the contract albeit through an assignment of the benefit to them." where one person acquires property as a bare .....

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Mar 10 2010 (FN)

Rts Flexible Systems Ltd Vs. Molkerei Alois Muller Gmbh and Company Kg ...

Court : UK Supreme Court

Decided on : Mar-10-2010

..... er 504, to which the judge was not referred but which was relied upon in and by the court of appeal. 48. these principles apply to all contracts, including both sales contracts and construction contracts, and are clearly stated in pagnan spa v feed products ltd [1987] 2 lloyd's rep 601, both by bingham j at first instance and by the ..... , by acting on such a request in such circumstances, the [seller] were to assume an unlimited liability for his contractual performance, when he would never assume such liability under any contract which he entered into." (waller lj rightly put 'seller' in parenthesis since, although the report reads 'buyer', robert goff j must have meant 'seller'.) 53. in that passage robert ..... judge summarised at para 67. this was because it was the parties' intention that detailed terms negotiated by them would not have contractual effect until the relevant documentation, namely the contract and the schedules, was formally executed and signed. that that was so appeared from: "a) the letter of intent which referred to the full terms and the relevant technical ..... the form of clauses 8 to 48, schedule 1 included detailed provisions on all the topics one might expect, including equipment and services to be provided, purchaser's obligations, the contract price, payment, warranties, guarantees, representation and management, inspection and testing, completion, delay, defects liability, limitations of liability, force majeure and the like. in the course of argument we were .....

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Jun 24 2010 (FN)

Skilling Vs. United States

Court : US Supreme Court

Decided on : Jun-24-2010

..... not been deceived, provided the enrichment. for example, if a city mayor (the offender) accepted a bribe from a third party in exchange for awarding that party a city contract, yet the contract terms were the same as any that could have been negotiated at arm s length, the city (the betrayed party) would suffer no tangible loss. cf. mcnally , 483 u ..... statute for the forfeiture of obscene imported materials had to be commenced and completed. that is not much different from reading in a reasonable-time requirement for obligations undertaken in contracts, and can hardly be described as a rewriting or paring down of the statute. the court relied on legislative history anticipating that the proceedings would be prompt, id. , at 370 ..... fundamental indeterminacy: the character of the fiduciary capacity to which the bribery and kickback restriction applies. does it apply only to public officials? or in addition to private individuals who contract with the public? or to everyone, including the corporate officer here? the pre- mcnally case law does not provide an answer. thus, even with the bribery and kickback limitation the ..... , 360. this was no mere failure to disclose a conflict of interest; rather, the official conspired with a third party so that both would profit from wealth generated by public contracts. see id. , at 352 353. reading 1346 to proscribe bribes and kickbacks and nothing more satisfies congress undoubted aim to reverse mcnally on its facts. nor are we persuaded that .....

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Jun 21 2010 (FN)

Rent-a-center, West, Inc. Vs. Jackson

Court : US Supreme Court

Decided on : Jun-21-2010

..... to delegate questions of arbitrability, and also those cases, such as prima paint , which address the severability of a presumptively valid arbitration agreement from a potentially invalid contract. the question of who decides? arbitrator or court animates both lines of cases, but they are driven by different concerns. in cases like first options , we ..... claim that the arbitration agreement is unconscionable undermines any suggestion that he clearly and unmistakably assented to submit questions of arbitrability to the arbitrator. see restatement (second) of contracts 208, comment d (1979) ( [g]ross inequality of bargaining power, together with terms unreasonably favorable to the stronger party, may confirm indications that the transaction ..... argument clearly did not go to the validity of the delegation provision. jackson s other two substantive unconscionability arguments assailed arbitration procedures called for by the contract the fee-splitting arrangement and the limitations on discovery procedures that were to be used during arbitration under both the agreement to arbitrate employment-related disputes and ..... . to be sure this case differs from prima paint , buckeye , and preston , in that the arbitration provisions sought to be enforced in those cases were contained in contracts unrelated to arbitration contracts for consulting services, see prima paint , supra , at 397, check-cashing services, see buckeye , supra , at 442, and personal management or talent agent services, .....

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Apr 21 2010 (FN)

Stolt-nielsen S. A. Vs. Animalfeeds Int’l Corp.

Court : US Supreme Court

Decided on : Apr-21-2010

..... to extract supracompetitive prices from their customers (buyers of ocean-transportation services). that court action terminated when the second circuit held, first, that the parties transactions were governed by contracts (charter parties) with enforceable arbitration clauses, and second, that the antitrust claims were arbitrable. jlm industries, inc. v. stolt-nielsen s. a. , 387 f. 3d ..... . 3d 269, 275 (ca7 1995). unlike the subsequent arbitration awards that the arbitrators cited, these decisions were available to the parties when they entered into their contracts. footnote 6 petitioners produced expert evidence from experienced maritime arbitrators demonstrating that it is customary in the shipping business for parties to resolve their disputes through bilateral arbitration. ..... that had an arbitration clause that did not expressly mention class arbitration. the plurality decided only the question whether the court or arbitrator should decide whether the contracts were silent on the class arbitration issue, concluding that it was the arbitrator. justice stevens opinion bypassed that question, resting instead on his resolution of ..... that are separately chartered to customers, such as respondent (animalfeeds), who wish to ship liquids in small quantities. animalfeeds ships its goods pursuant to a standard contract known in the maritime trade as a charter party. the charter party that animalfeeds uses contains an arbitration clause. animalfeeds brought a class action antitrust suit .....

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Nov 03 2010 (FN)

Dallah Real Estate and Tourism Holding Company (Appellant) Vs. the Min ...

Court : UK Supreme Court

Decided on : Nov-03-2010

..... of any kind whatsoever between the trust and dallah .." the parties amended the icc model clause (which reads: "all disputes arising out of or in connection with the present contract shall be finally settled "), in order to specify "the trust" and "dallah". fifth, it was the trust which immediately following the termination letter of 19 january 1997, ..... and awarded the claimants $27m: 3 icsid rep 131 and 189. see also the westland case in the swiss courts, involving the application of an arbitration agreement in a contract between westland helicopters and the arab organisation for industrialisation to the organisation's member states: (1991) 16 yb comm arb 174; and lew, mistelis and kr ll, ..... international arbitration: lessons from thirty years of case law, in international arbitration 2006: back to basics? (2007, ed van den berg), p 341; park, non-signatories and international contracts: an arbitrator's dilemma, in multiple party actions in international arbitration (ed macmahon, permanent court of arbitration, 2009), p 1. the issue has arisen frequently in two contexts: the ..... ducler in kluwerarbitration, explaining the rationale of the paris court of appeal decisions as being to confine the restrictive provisions of article 2061 of the french civil code to internal contracts. he also referred to fouchard, gaillard, goldman's international commercial arbitration (1999) (kluwer), para 440, describing as 'somewhat unfortunate' the terminology used in (french) decisions referring .....

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Oct 20 2010 (FN)

Radmacher (Formerly Granatino) (Respondent) Vs. Granatino (Appellant)

Court : UK Supreme Court

Decided on : Oct-20-2010

..... proceedings. an enforceable contractual obligation was therefore usually a great advantage for the wife. there is nothing to stop a husband and wife from making legally binding arrangements, whether by contract or settlement, to regulate their property and affairs while they are still together (type (a) agreements). these days, the commonest example of this is an agreement to share ..... is right. this is a complicated subject upon which there is a large literature and knowledgeable and thoughtful people may legitimately hold differing views. some may regard freedom of contract as the prevailing principle in all circumstances; others may regard that as a 19th century concept which has since been severely modified, particularly in the case of continuing relationships ..... law clause. we have already explained why we do not consider it material in english ancillary relief proceedings whether the nuptial agreement under consideration is or is not a contract. the court can overrule the agreement of the parties, whether contractual or not, and applies the same criteria when considering whether to do so. when dealing with agreements ..... some of the cases in the matrimonial courts seems to suggest that at times they are still looked at askance and enforced grudgingly. but there is no caste in contracts. agreements for separation are formed, construed and dissolved and to be enforced on precisely the same principles as any respectable commercial agreement, of whose nature indeed they sometimes .....

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Jan 27 2010 (FN)

Hm Treasury Vs. Ahmed and Others

Court : UK Supreme Court

Decided on : Jan-27-2010

..... section 1(1) of the united nations act 1946 contemplates that orders in council implementing security council resolutions under chapter vii may interfere with individual persons' rights to enter into contracts or to deal with or dispose of their business. the limitations imposed by the al-qaida order on g's and hay's rights to use their property and on ..... effective, require to be accompanied by prohibitions and sanctions addressed to domestic individuals or entities, and impacting, therefore, on rights or freedoms that they would otherwise have - particularly to make contracts and deal with or dispose of property. this might be the case either because the security council resolution expressly so required, or because its effective domestic application appeared to the ..... , as noted at para 122 above, that the convention has to be interpreted in the light of any relevant rules and principles of international law applicable in relations between its contracting parties. the court has therefore had regard to two complementary provisions of the charter, articles 25 and 103, as interpreted by the international court of justice (see para 27 above ..... of which can be authoritatively expounded only by the strasbourg court. it must be for the strasbourg court to provide the authoritative guidance that is needed so that all the contracting states can adopt a uniform position about the extent to which, if at all, the convention rights or any of them can be held to prevail over their obligations under .....

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