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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1976 Page 1 of about 89 results (0.074 seconds)

Jun 14 1976 (FN)

Massachusetts Mut. Life Ins. Co. Vs. Ludwig

Court : US Supreme Court

Decided on : Jun-14-1976

..... recover benefits under the double indemnity provision. the district court held that, under illinois conflict of laws rules, the law of the situs of the contract (michigan) applied, and that, under michigan law, the insurer was liable only for ordinary benefits. the administrator appealed. the insurer ..... track in order to board a commuter train which had not yet arrived at the station. the insurer paid cane's estate ordinary benefits, but denied liability under the double indemnity provision of the policy. page 426 u. s. 480 the administrator of cane's estate (respondent) sued the insurer in the district court for the northern district of illinois to ..... f.2d 376, vacated and remanded. per curiam. this is a diversity case. petitioner (the insurer) issued a life insurance policy in michigan to dean e. cane providing for double indemnity if cane's "death was the result of an injury sustained while the insured was a passenger in or upon a public conveyance then being operated by a common carrier ..... writ of certiorari to the united states court of appeals for the seventh circuit syllabus in a diversity action by respondent administrator against petitioner insurer for recovery under the double indemnity provision of a life insurance policy issued in michigan to respondent's decedent, who was killed in illinois, the district court ruled that, under illinois conflict of laws rules, michigan .....

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Mar 11 1976 (SC)

Union of India (Uoi) and ors. Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Decided on : Mar-11-1976

Reported in : AIR1976SC1414; (1976)3SCC32; [1976]3SCR614; 1976(8)LC328(SC)

..... can be done by money, be placed in the same position as he would have been in if the contract had been performed. the rule as to market price is intended to secure only an indemnity to the purchaser. the market value is taken because it is presumed to be the true value of ..... from the breach. therefore, the principle is that as far as possible the injured party should be placed in as good a situation as if the contract had been performed, in other words, it is to provide compensation for pecuniary loss which naturally flows from the breach. the high court correctly applied these ..... court passed decrees awarding the respondents price of sugar and costs of damages and interest pendente lite and future interest.21. the appellant contended that the contract price should not have been awarded. the high court said that the evidence of plaintiff's witness gaya prasad showed the selling rate of sugar and ..... principles and adopted the contract price in the facts and circumstances of the case as the correct basis for compensation.23. for these reasons, the judgment of the high court is ..... the goods to the purchaser. one of the principles for award of damages is that as for at possible he who was proved a breach of a bargain to supply what he has contracted .....

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Jan 30 1976 (FN)

Buckley Vs. Valeo

Court : US Supreme Court

Decided on : Jan-30-1976

..... such gift, subscription, loan, advance, or deposit of money, or anything of value, is made for the purpose of influencing the result of a primary election; (b) means a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose; (c) means funds received by a political committee which are transferred to that ..... congress, at any time between the commencement of negotiations for and the later of -- (1) the completion of performance under, or (2) the termination of negotiations for, such contract or furnishing of material, supplies, equipment, land or buildings, directly or indirectly makes any contribution of money or other thing of value, or promises expressly or impliedly to make any ..... in a labor organization or as a condition of employment, or by monies obtained in any commercial transaction. 611. contributions by government contractors. whoever -- (a) entering into any contract with the united states or any department or agency thereof either page 424 u. s. 198 for the rendition of personal services or furnishing any material, supplies, or equipment to ..... the commission to serve as a national clearinghouse for information in respect to the administration of elections. in carrying out its duties under this subsection, the commission shall enter into contracts for the purpose of conducting independent page 424 u. s. 175 studies of the administration of elections. such studies shall include, but shall not be limited to, studies of .....

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Jun 25 1976 (FN)

Runyon Vs. Mccrary

Court : US Supreme Court

Decided on : Jun-25-1976

..... to contemplate. as the associational or contractual relationships become more private, the pressures to hold 1981 inapplicable to them will increase. imaginative judicial construction of the word "contract" is foreseeable; thirteenth amendment limitations on congress' power to ban "badges and incidents of slavery" may be discovered; the doctrine of the right to association may ..... decisions -- particularly coupled with the court's decision in mcdonald, supra, that whites have a cause of action against others including blacks for racially motivated refusals to contract -- threatens to embark the judiciary on a treacherous course. whether such conduct should be condoned or not, whites and blacks will undoubtedly choose to form a variety ..... that congress would have intended -- without a word in the legislative history addressed to the precise issue -- to pass a statute prohibiting every racially motivated refusal to contract by a private individual. it is doubtful that all such refusals could be considered badges or incidents of slavery within congress' proscriptive power under the thirteenth amendment. ..... from the state." (emphasis added.) they argue that this statement supports their contention that 1981 does not proscribe private racial discrimination that interferes with the formation of contracts for educational services. but norwood involved no issue concerning the applicability of 1981 to such discrimination. the question there was rather whether a state statute providing free .....

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Jul 06 1976 (FN)

Cantor Vs. Detroit Edison Co.

Court : US Supreme Court

Decided on : Jul-06-1976

..... permissibly impose restraints on competition. for example, in 1937, congress passed the miller-tydings act, which attached a proviso to 1 of the sherman act permitting resale price maintenance contracts where such contracts were permitted by applicable state law. this proviso was interpreted in schwegmann bros. v. calvert distillers corp., 341 u. s. 384 , not to permit a state to ..... state law forbidding combinations in restraint of trade provided the model for the federal act. as senator sherman stated with respect to the proposed legislation: "it declares that certain contracts are against public policy, null and void. it does not announce a new principle of law, but applies old and well recognized principles of the common law to the ..... operation of the sherman act. if a state had no antitrust policy of its own, anticompetitive combinations of all kinds would be sanctioned and enforced under that state's general contract and corporation law. yet there has never been any doubt that, if such combinations offend the sherman act, they are illegal, and state laws to that extent are overridden. ..... to restrain competition and attempts to monopolize by individuals and corporations abundantly appears from its legislative history." " * * * *" "the state, in adopting and enforcing the prorate program, made no contract or agreement, and entered into no conspiracy in restraint of trade or to establish monopoly, but, as sovereign, imposed the restraint as an act of government which the sherman act .....

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Jun 01 1976 (FN)

United States Vs. Orleans

Court : US Supreme Court

Decided on : Jun-01-1976

..... to determine its compliance with the contract, the contract did not authorize the united states to physically supervise the jail's employees. in short, it could take action to compel compliance with federal standards, but it did not ..... largesse and cover countless unidentifiable classes of "beneficiaries." the federal government in no sense controls "the detailed physical performance" of all the programs and projects it finances by gifts, grants, contracts, or loans. logue v. united states, supra at 412 u. s. 528 . the underlying statute emphasizes that a community action agency is a local, not a federal, enterprise; ..... to-day operations are supervised by the federal government. [ footnote 4 ] billions of dollars of federal money are spent each year on projects performed by people and institutions which contract with the government. these contractors act for and are paid by the united states. they are responsible to the united states for compliance with the page 425 u. s. ..... prisons were not federal employees page 425 u. s. 815 or employees of a federal agency; thus, the united states was not liable for their torts. although the contract required the county jail to comply with bureau of prisons' rules and regulations prescribing standards of treatment, and although the united states reserved rights of inspection to enter the jail .....

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Mar 30 1976 (FN)

United States Vs. United Continental Tuna Corp.

Court : US Supreme Court

Decided on : Mar-30-1976

..... eastern s.s. lines v. united states, 187 f.2d 956 (ca1 1951), the court of appeals affirmed the dismissal of a vessel owner's contract claim against the united states for the amount necessary to recondition its vessel as a cargo and passenger ship after the army had used it for troop transport ..... to make as certain as possible that suits brought against the united states for damages caused by vessels and employees of the united states through breach of contract or tort can be originally filed in the correct court so as to proceed to trial promptly on their merits. [ footnote 13 ]" two amendments were ..... .s.c. 1346(a)(2), 1491. a plaintiff with a contract claim against the united states for more than $10,000 often found himself in a page 425 u. s. 173 difficult position. he had to choose ..... law side of the district courts under the federal tort claims act. 28 u.s.c. 1346(b), 2671 et seq. more importantly for our purposes, contract claims not encompassed by either act fell within the tucker act, which lodged exclusive jurisdiction in the court of claims for claims exceeding $10,000. 28 u ..... a merchant vessel" proviso merely to remove uncertainty a to the proper forum in which to bring a maritime claim against the united states, especially a contract claim, where it had been uncertain whether it should be brought on the admiralty side of a district court under the suits in admiralty act or public .....

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Mar 30 1976 (FN)

Ernst and Ernst Vs. Hochfelder

Court : US Supreme Court

Decided on : Mar-30-1976

..... u. s. 192 the court reasoned that ernst & ernst had a common law and statutory duty of inquiry into the adequacy of first securities' internal control system because it had contracted to audit first securities and to prepare for filing with the commission the annual report of first securities' financial condition required under 17 of the 1934 act and rule 17a ..... imposed a "direct duty" to the respondents. 503 f.2d at 1105. the court held that ernst & ernst owed no common law duty of inquiry to respondents arising from its contract with first securities, since ernst & ernst did not specifically foresee that respondents' limited class might suffer from a negligent audit, compare glanzer v. shepard, 233 n.y. 236, 135 n .....

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Mar 24 1976 (FN)

Franks Vs. Bowman Transportation Co., Inc.

Court : US Supreme Court

Decided on : Mar-24-1976

..... on management 10115 (1960). seniority principles are increasingly used to allocate entitlements to scarce benefits among competing employees ("competitive status" seniority) and to compute noncompetitive benefits earned under the contract of employment ("benefit" seniority). ibid. we have already said about "competitive status" seniority that it "has become of overriding importance, and one of its major functions is to ..... there is no argument that the award of retroactive seniority to the victims of hiring discrimination in any way deprives other employees of indefeasibly vested rights conferred by the employment contract. this court has long held that employee expectations arising from a seniority system agreement may be modified by statutes furthering a strong public policy interest. [ footnote 40 ] ..... of seniority. this is not correct. title vii would have no effect on seniority rights existing at the time it takes effect. if, for example, a collective bargaining contract provides that, in the event of layoffs, those who were hired last must be laid off first, such a provision would not be affected in the least by ..... pertinent to the issue of seniority: "question. would the same situation prevail in respect to promotions, when that management function is governed by a labor contract calling for promotions on the basis of seniority? what of dismissals? normally, labor contracts call for 'last hired, first fired.' if the last hired are negroes, is the employer discriminating if his .....

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Mar 03 1976 (FN)

Hines Vs. Anchor Motor Freight, Inc.

Court : US Supreme Court

Decided on : Mar-03-1976

..... would multiply. the contractual system would then cease to qualify as an adequate mechanism to secure individual redress for damaging failure of the employer to abide by the contract. congress has put its blessing on private dispute settlement arrangements provided in collective agreements, but it was anticipated, we are sure, that the contractual machinery would ..... conclude collective bargaining agreements on behalf of all employees in appropriate units, as well as to be the employee's agent in the enforcement and administration of the contract. wages, hours, working conditions, seniority, and job security therefore became the business of certified or recognized bargaining agents, as did the contractual procedures for the processing ..... u. s. 198 -200. petitioners' present suit against the employer was for wrongful discharge, and is the kind of case congress provided for in 301. collective bargaining contracts, however, generally contain procedures for the settlement of disputes through mutual discussion and arbitration. these provisions are among those which are to be enforced under 301. furthermore, congress ..... innocent, and opposed the discharges. it was then agreed that the matter would be presented to the joint arbitration committee for the area, to which the collective bargaining contract permitted either party to submit an unresolved grievance. [ footnote 2 ] pending this hearing, petitioners were reinstated. their suggestion that the motel be investigated was answered by the .....

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