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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1983 Page 1 of about 89 results (0.164 seconds)

Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Dec 16 1983 (SC)

Hindustan Aeronautics Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; [1984]2SCR248; [1984]55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744

..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....

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Mar 07 1983 (FN)

Block Vs. Neal

Court : US Supreme Court

Decided on : Mar-07-1983

..... of a drainage ditch); and barron v. united states, 473 f.supp. 1077 (haw.1979) (failure to require a subcontractor to comply with a contract's safety requirements). [ footnote 3 ] the court of appeals found that respondent stated a claim against the united states under the common law good samaritan doctrine ..... material and labor, 1804.4(d)(7)(iv), and to determine that work was performed in compliance with all the terms and conditions of the contract before making final payment. 1804.4(d)(7)(vii). finally, he assisted the borrower with respect to claims arising under the builder's warranty. 1804 ..... all plans and specifications, 1804.4(a), and was required to give prior approval of any changes in the plans, 1804.4(d), or in the contract. 1804.4(d)(8). he was responsible for making periodic and final inspections. 1804.4(d)(6)(i)( j ). see also 1803.2, 1803. ..... agreements between respondent and fmha. the court concluded that regulations requiring fmha officials to ensure that the builder adhere to the terms of its construction contract were intended solely to protect the government's security interest, and were not intended to make fmha warrant the quality of construction for the ..... the farmers home administration (fmha) under the housing act of 1949 for the construction of a prefabricated house. she then contracted with a builder to construct the house. the contract required the work to conform to plans approved by fmha and granted fmha the right to inspect and test all materials .....

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Jul 06 1983 (FN)

Arizona Governing Comm. Vs. Norris

Court : US Supreme Court

Decided on : Jul-06-1983

..... arizona's voluntary plan violates title vii. in the majority's view, title vii requires an employer to follow one of three courses. an employer must provide unisex annuities itself, contract with insurance companies to provide such annuities, or provide no annuities to its employees. ante at 463 u. s. 1091 (marshall, j., concurring in judgment in part). the ..... from a company designated by the retirement plan. rev.rul. 72-25, 1972-1 cum.bull. 127; rev.rul. 68-99, 1968-1 cum. bull 193. accordingly, arizona contracts with private insurance companies to make life annuities available to its employees. the companies that underwrite the life annuities, as do the vast majority of private insurance companies in the ..... they would supply retirement benefits [ footnote 19 ] and selected the companies that were permitted to participate in the plan. once the state selected these companies, it entered into contracts with them governing the terms on which benefits were to be provided to employees. employees enrolling in the plan could obtain retirement benefits only from one of those companies, and ..... the arizona department of economic security, elected to participate in the plan. she requested that her deferred compensation be invested in the lincoln national life insurance co.'s fixed annuity contract. shortly thereafter, arizona approved respondent's request and began withholding $199.50 from her salary each month. on april 25, 1978, after exhausting administrative remedies, respondent brought suit .....

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Jul 01 1983 (FN)

Guardians Assn. Vs. Civil Svc. Comm'n

Court : US Supreme Court

Decided on : Jul-01-1983

..... their part of the bargain. yet justice white would allow recipients to violate the conditions of their contracts until a court identifies the violation and either enjoins its continuance or orders the recipient to begin performing its duties incident to the receipt of federal money. see ante ..... the burden that existed from the moment they received federal funding. the analogy drawn in pennhurst between the acceptance of funds under spending legislation and the formation of a contract only reinforces the propriety of awarding retrospective relief. having benefited from federal financial assistance conditioned on an obligation not to discriminate, recipients of federal aid must be held to ..... to a member of the public for consequential damages resulting from performance or failure to perform. the only exceptions to this rule involve situations where the terms of the contract provide for such liability, or where the governmental entity would be subject to liability to the injured member of the public. ibid. neither of these exceptions is applicable ..... money to [the] plaintiffs." [ footnote 24 ] justice marshall erroneously contends, post at 463 u. s. 632 , that my view "would allow recipients to violate the conditions of their contracts until a court identifies the violation and either enjoins its continuance or orders the recipient to begin performing its duties incident to the receipt of federal money." this is not .....

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Jun 30 1983 (FN)

Belknap, Inc. Vs. Hale

Court : US Supreme Court

Decided on : Jun-30-1983

..... preempted because they interfere with the system of labor-management relations established by congress. page 463 u. s. 544 iv permitting respondents to pursue their breach of contract and misrepresentation claims in state court will subject employers to potentially conflicting state and federal regulation of their activities; interfere with the orderly administration of the national ..... their misrepresentation claim in state court, therefore, does not present the same potential for directly conflicting regulation of employer activity as permitting respondents to pursue their breach of contract claim. nor can it be said that petitioner's alleged misrepresentation was "arguably protected" under garmon. while it is arguable that petitioner's alleged offers of ..... misrepresentations that are made during the process of securing permanent replacements and are actionable under state law. arguments that entertaining suits by innocent third parties for breach of contract or for misrepresentation will "burden" the employer's right to hire permanent replacements are no more than arguments that "this is war," that "anything goes," and ..... replacement employees who were laid off to make room for returning strikers, then sued petitioner in a kentucky state court to recover damages for misrepresentation and breach of contract. the trial court granted summary judgment for petitioner on the ground that respondents' causes of action were preempted by the national labor relations act (nlra), but the .....

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Jun 08 1983 (FN)

Exxon Corp. Vs. Eagerton

Court : US Supreme Court

Decided on : Jun-08-1983

..... to entitle appellants to reimbursement only for that portion of the severance tax which state law itself imposes on the royalty owners, appellants would still have no objection under the contract clause. in that event, the increase in the severance tax would be absorbed by appellants not because the state has nullified any contractual obligation, but simply because the ..... was to alter contractual duties. cf. worthen co. v. kavanaugh, 295 u. s. 56 (1935) (statute which drastically limited the remedies available to mortgagees held invalid under the contract clause). alabama's power to prohibit oil and gas producers from passing the increase in the severance tax on to their purchasers is confirmed by several decisions of this court ..... (1936) (brandeis, j., concurring). b unlike the royalty owner exemption, the pass-through prohibition did restrict contractual obligations of which appellants were the beneficiaries. appellants were parties to sale contracts that permitted them to include in their prices any increase in the severance taxes that they were required to pay on the oil or gas being sold. [ footnote 10 ] the ..... tax increase, and prohibited producers from passing on the increase to their purchasers. appellants challenge the pass-through prohibition and the royalty owner exemption under the supremacy clause, the contract clause, and the equal protection clause. i since 1945 alabama has imposed a severance tax on oil and gas extracted from wells located in the state. ala.code 40 .....

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Apr 19 1983 (FN)

Bowsher Vs. Merck and Co., Inc.

Court : US Supreme Court

Decided on : Apr-19-1983

..... footnote 3/4 ] but the fact that costs may affect a seller's decision to offer a certain price does not make costs directly pertinent to the contract. a contract, after all, is a meeting of the minds. many factors may affect one party's willingness to make an offer or the other party's willingness ..... by government officials." id. at 13372 (emphasis added). representative hardy replied that it would, unless the subcontractor only supplied some "casual item" in connection with the performance of the contract. ibid. based on this understanding, representative harvey later argued that his limiting amendment was needed, because otherwise "every manufacturer . . . of . . . goods that eventually find ..... version at issue here. representative hardy, the sponsor of both the temporary and permanent access-to-records provisions, learned that government procurement officers were negotiating contract modifications under two permanent procurement statutes that lacked access provisions, the armed services procurement act of 1947 and the federal property and administrative services act of ..... (gao) demand, the court permitted access to all records "directly pertaining to the pricing and cost of producing the items furnished by . . . merck under the . . . contracts . . . including manufacturing costs (including raw and packaging materials, labor and fringe benefits, quality control and supervision), manufacturing overhead (including plant administration, production planning, warehousing, utilities and .....

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