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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: uk supreme court Year: 2014 Page 1 of about 32 results (0.044 seconds)

May 08 2014 (FN)

Barnes (as Former Court Appointed Receiver) Vs. the Eastenders Group a ...

Court : UK Supreme Court

Decided on : May-08-2014

..... the assets over which they are appointed [subject to an immaterial exception]. to the extent [that] there is any shortfall, the contracting bodies will not agree to grant indemnities either in full or in part." 21. although the receivership order covered all assets of the defendants, including properties and money in ..... to the builders exceeded the value of the work done. the builders objected that there had not been a total failure of consideration under the contract, since most of the building work had been done, but the court held that there had been a total failure of consideration for the ..... resembles the law of torts (recognising a variety of reasons why a defendant must compensate a claimant for harm) than it does the law of contract (embodying the single principle that expectations engendered by binding promises must be fulfilled)." 103. an important part of this branch of law is concerned ..... statute was that the receiver's right to recover his expenses from the receivership properly applied in every instance (unless different arrangements were made by contract). in those circumstances he concluded that there was no power in the court to make an order against the cps. a1p1: discussion 81. since ..... may by order authorise the receiver to do any of the following for the purpose of the exercise of his functions- a) hold property; b) enter into contracts; c) sue and be sued; d) employ agents; e) execute powers of attorney, deeds or other instruments; f) take any other steps the court .....

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Mar 26 2014 (FN)

DurkIn Vs. Dsg Retail Limited and Another

Court : UK Supreme Court

Decided on : Mar-26-2014

..... monetary claim, because the closing words of the subsection can readily be interpreted as having effect where applicable and not as words of limitation. thirdly, the creditor's entitlement to indemnity from the supplier under subsection (2) is consistent with his incurring of concurrent liability for matters which he cannot control. 20. fourthly, my view matches the relevant recommendation of the ..... such a credit agreement that it is conditional upon the survival of the supply agreement. the debtor on rejecting the goods and thereby rescinding the supply agreement for breach of contract may also rescind the credit agreement by invoking this condition. as the debtor has no right to retain or use for other purposes funds lent for the specific transaction, the ..... the purpose of the restricted-use credit agreement, such as the agreement in this case, is to finance a transaction between the consumer and the supplier. where, as here, the contract is tied to a particular transaction, it has no other purpose. 24. the rescission of the supply agreement excuses the innocent party from further performance of his obligations (if any ..... falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor. (2) subject to any agreement between them .....

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Mar 05 2014 (FN)

Bg Group Plc Vs. Republic of Argentina

Court : US Supreme Court

Decided on : Mar-05-2014

..... the issue. the question is whether the parties intended to give courts or arbitrators primary authority to interpret and apply a threshold provision in an arbitration contract when the contract is silent as to the delegation of authority. we have already explained why we believe that where, as here, the provision resembles a claims-processing ..... tina argues that neither the 180-day suspension of courts issuances of final judgments nor its refusal to allow litigants (and those in arbitration) to use its contract renegotiation process, taken separately or together, warrants suspending or waiving the local litigation requirement. we would not necessarily characterize these actions as rendering a domestic court- ..... saying so. see, e.g., agreement on encouragement and reciprocal protection of investments, art. 9, netherlands-slovenia, sept. 24, 1996, netherlands t. s. no. 296 ( each contracting party hereby consents to submit any dispute . . . which they can not [sic] solve amicably within three months . . . to the international center for settlement of disputesfor settlement by ..... states, in reviewing an arbitration award made under the treaty, should interpret and apply threshold provisions concerning arbitration using the framework developed for interpreting similar provisions in ordinary contracts. under that framework, the local litigation requirement is a matter for arbitrators primarily to interpret and apply. courts should review their interpretation with deference. pp. 6 17 .....

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Mar 04 2014 (FN)

Lawson Vs. Fmr Llc

Court : US Supreme Court

Decided on : Mar-04-2014

..... , on which 1514a is based, includes a similarly composed heading, discrimination against airline employees. . nevertheless, that provision has been read to cover employees of companies rendering contract services to airlines. see, at 27 29. 13 fmr urges that the senate report s references to employees of publicly traded companies demonstrate that congress wanted to limit ..... it up. ). also clear from the legislative record is congress understanding that outside professionals bear significant responsibility for reporting fraud by the public companies with whom they contract, and that fear of retaliation was the primary deterrent to such reporting by the employ-ees of enron s contractors. congressional investigators discovered ample evidence of contractors ..... we first summarize our principal reasons, then describe this controversy and explain our decision more comprehensively. plaintiffs below, petitioners here, are former employees of private companies that contract to advise or manage mutual funds. the mutual funds themselves are public companies that have no employees. hence, if the whistle is to be blown on fraud ..... conditions are actions an employer takes against its own employees. contractors are not ordinarily positioned to take adverse actions against employees of the public company with whom they contract. fmr s interpretation of 1514a, therefore, would shrink to insignificance the provision s ban on retaliation by contractors. the protected activity covered by 1514a, and the .....

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Apr 22 2014 (FN)

Schuette Vs. Bamn

Court : US Supreme Court

Decided on : Apr-22-2014

..... , or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. mich. const., art. i, 26. we here focus on the prohibition of grant[ing] . . . preferential treatment . . . on the basis of race . . . in . . . public education. i ..... years of state public debate on this issue have been improper. and were the argument made that coral might still stand because it involved racial preferences in public contracting while this case concerns racial preferences in university admissions, the implication would be that the constitutionality of laws forbidding racial preferences depends on the policy interest at stake, ..... the operation of public employment, public education, or public contracting. (3) for the purposes of this section state includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college ..... preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (2) the state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in .....

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Mar 26 2014 (FN)

Kennedy Vs. the Charity Commission

Court : UK Supreme Court

Decided on : Mar-26-2014

..... that the rejection of his request constituted an interference with the complainant's right to receive information. but it held that the decision could not be considered arbitrary, recognised that 'contracting states enjoy a certain margin of appreciation in this area' and unanimously rejected the complaint as manifestly ill-founded. 91.the matky case seems accordingly an unpromising foundation upon which ..... a context such as the present. in this respect, court proceedings and inquiries have more in common with each other than they do with arbitration proceedings between parties who have contracted to resolve issues between them on the well-understood assumption that their proceedings will be private and confidential. starting with court proceedings, common law principles of open justice have been ..... had become of the appeal funds. 13. the report on the third inquiry found that the source of some of the appeal funds consisted in monies paid in connection with contracts which breached the un sanctions against iraq. this occurred in circumstances where one trustee (mr zureikat) knew and "mr galloway may also have known of the connection", a statement which .....

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Mar 12 2014 (FN)

BurgIn Vs. Dunhill (a Protected Party by Her Litigation Friend Tasker)

Court : UK Supreme Court

Decided on : Mar-12-2014

..... as her agent, rather than a mere messenger, when making the settlement on 7 january 2003. it has been held that the principal's incapacity terminates a contract of agency, whether or not it is known to the agent (yonge v toynbee [1910] 1 kb 215), and this must logically apply also to the ..... a sane person. 26. this rule, it is argued, applies just as much to the settlement of civil claims as it does to any other sort of contract. once the parties to ordinary civil litigation have reached agreement, it is not for the court to interfere in their bargain. if they desire to embody it ..... of the privy council in hart v o'connor [1985] ac 1000, a case from new zealand, where the issue was whether this only applied if the contract was fair. overruling prior new zealand authority to the contrary in archer v cutler [1980] 1 nzlr 386, but consistently with the decision of the high court ..... accepted, ought to have known) of his incapacity. as mr rowley points out on behalf of the defendant, this rule is consistent with the objective theory of contract, that a party is bound, not by what he actually intended, but by what objectively he was understood to intend. the rule in imperial loan was applied ..... to be asserting that she was not under a disability?" no doubt this reformulation was intended by the defendant to hammer home that the general rule in contract is that laid down in imperial loan co ltd v stone. bean j decided that where a civil claim is issued, the civil procedure rules are incorporated .....

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Feb 12 2014 (FN)

Cramaso Llp Vs. Ogilvie-grant, Earl of Seafield and Others

Court : UK Supreme Court

Decided on : Feb-12-2014

..... that representation; and they did so in a situation where it continued to be foreseeable that the representation would induce the other party to the negotiations to enter into a contract. they therefore assumed a responsibility towards the appellant for the accuracy of the representation. they therefore owed the appellant a duty of care, which they failed to fulfil. the ..... capacity of an agent of the appellant, up until the time when the lease was executed on behalf of the appellant. the appellant was thus induced to enter into the contract by that representation. 31. in continuing and concluding the contractual negotiations with the appellant, through its agent mr erskine, without having withdrawn the representation earlier made to mr erskine ..... event that it was inaccurate, continued to be foreseeable. in such circumstances, the representor may be taken to have assumed responsibility for the accuracy of the representation towards the contracting party who relied upon it, even though that person was not the original representee. 27. no authority has been cited in which the court has considered the liability of ..... continuing responsibility upon the maker of a pre-contractual representation in situations where there is an interval of time between the making of the representation and the conclusion of a contract in reliance upon it, on the basis that, where the representation has a continuing effect, the representor has a continuing responsibility in respect of its accuracy. 24. in the .....

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Jan 22 2014 (FN)

Marley Vs. Rawlings and Another

Court : UK Supreme Court

Decided on : Jan-22-2014

..... has now been replaced by section 2(1) of the law of property (miscellaneous provisions) act 1989, which, in subsection (4) specifically envisages a contract which does not comply with subsection (1) being rectified so that it does.) the appellant's contention on rectification: is it a clerical error? 68 ..... richard buxton has suggested that lord hoffmann's approach to interpretation in these two cases is inconsistent with previously established principles. lewison on the interpretation of contracts (fifth ed (2011), para 9.03, footnote 67, in an illuminating chapter dealing with mistakes) suggests that sir richard has made out "a ..... the nai genova [1984] 1 lloyd's rep 353, 359. it is available not only to correct a bilateral or multilateral arrangement, such as a contract, but also a unilateral document, such as a settlement - see in re butlin's settlement trusts [1976] ch 251. however, it has always been ..... in mind when interpreting the document concerned. thus, the court takes the same approach to interpretation of unilateral notices as it takes to interpretation of contracts see mannai investment co ltd v eagle star life assurance co ltd [1997] ac 749, per lord steyn at 770c-771d, and lord ..... during the past forty years, the house of lords and supreme court have laid down the correct approach to the interpretation, or construction, of commercial contracts in a number of cases starting with prenn v simmonds [1971] 1 wlr 1381 and culminating in rainy sky sa v kookmin bank [2011] 1 .....

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Mar 05 2014 (FN)

Secret Hotels2 Limited (formerly Med Hotels Limited) Vs. the Commissio ...

Court : UK Supreme Court

Decided on : Mar-05-2014

..... the proper law of the contract or contracts. 24. in that connection, it is worth referring to the observation of the cjeu in revenue and customs commissioners v rbs deutschland holdings gmbh (case c-277/09) [2011 ..... 306 depend upon the precise nature and character of the contractual relationship between two or more parties, that issue must be determined by reference to the proper law of the contract or contracts concerned, and, in so far as the subsequent conduct of the parties is said to affect that nature and character, the effect must also be assessed by reference to ..... , but it is also necessary to "hav[e] regard to all the details of the case", and, in that connection, the "economic and commercial realities" represent "a fundamental criterion". a contract which does not reflect "economic reality" and a "purely artificial arrangement" are similar to the shams, rectifiable agreements and other arrangements considered in para 33 above. 56. thus, in deciding ..... in which med conducted its business. he approached the issue on that basis, and first decided that (i) the contractual arrangements between med and the customers established that med was contracting as agent for the hotelier, and (ii) the contractual arrangements between med and the hoteliers were consistent with that conclusion. he then turned to various factors which impressed the ftt .....

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