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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1987 Page 1 of about 88 results (0.080 seconds)

Nov 19 1987 (SC)

U.P. Cooperative Federation Ltd. Vs. Singh Consultants and Engineers ( ...

Court : Supreme Court of India

Decided on : Nov-19-1987

Reported in : 1987(2)ARBLR279(SC); (1988)1CompLJ39(SC); JT1987(4)SC406; 1987(2)SCALE1149; (1988)1SCC174; [1988]1SCR1124

..... the united commercial bank case said:we do not see why the same principles should not apply to a banker's letter of indemnity.53. it is true that both the decisions of this court dealt with a contract to sell specific commodities or a transaction of sale of goods with an irrevocable letter of credit. but in modern commercial transactions, ..... case, to restrain the appellant from making a recall of the amount of rs. 85,84,456 from the bank of india in terms of the letter of guarantee or indemnity executed by it. the courts usually refrain from granting injunction to restrain the performance of the contractual obligations arising out of a letter of credit or a bank guarantee between ..... irrevocable letter of credit, restraining the issuing bank from recalling the amount paid under reserve from the negotiating bank, acting on behalf of the beneficiary against a document of guarantee, indemnity at the instance of the beneficiary.37. on the basis of these principles i reiterate that commitments of banks must be honoured free from interference by the courts. otherwise, trust ..... the revision petition and held that the invocation of the performance guarantees were illegal and further held the contentions of the appellant that the performance guarantees constituted independent and separate contracts between the guarantor bank and the beneficiary and created independent rights, liabilities and obligations under the guarantee bonds themselves, as being 'technical pleas.'7. on 17th may, 1983, as .....

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Jan 13 1987 (FN)

West Virginia Vs. United States

Court : US Supreme Court

Decided on : Jan-13-1987

..... federal rule that private parties owing debts to the federal government must pay prejudgment interest where the underlying claim is a contractual obligation to pay money, royal indemnity co. v. united states, 313 u. s. 289 , a federal court should consider the interests of the two governments involved. board of comm'rs ..... of general local government." 31 u.s.c. 3701(c). as stated in 3717(g)(2), this statute does not apply to claims arising under contracts entered into before october 25, 1982, and therefore has no force here. we can draw no inference about congress' comprehension of the federal common law ..... , ch. 131, 14 (1868) (same). moreover, in 1981, 56-6-31 was amended to provide for prejudgment interest in cases other than contract actions, except where otherwise provided by law, where a judgment provided for special damages as defined in the statute, or liquidated damages. 56-6-31 ..... foods, inc., 440 u. s. 715 , 440 u. s. 729 (1979) (footnote omitted), since state law would not of its own force govern contracts between a state and the federal government. given that state law may neither govern of its own force nor be adopted as the federal rule of decision, it ..... (1985). it held that the question was governed by federal law, under which prejudgment interest was allowable as a matter of right in a breach-of-contract action where the amount due was liquidated, ascertained, or agreed to. id. at 1030-1031. the court of appeals rejected the district court's conclusion .....

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Jun 19 1987 (FN)

Goodman Vs. Lukens Steel Co.

Court : US Supreme Court

Decided on : Jun-19-1987

..... for personal injury. section 1981, in its original conception and its current application, is primarily a proscription of race discrimination in the execution, administration, and enforcement of contracts. our analysis in wilson v. garcia, 471 u. s. 261 (1985), requires us to hold, therefore, that 1981 actions are governed by state statutes of ..... pursuit and, while pursuing thousands of other legitimate grievances, ignored racial discrimination claims on behalf of blacks, knowing that the employer was discriminating in violation of the contract. such conduct, the courts below concluded, intentionally discriminated against blacks seeking a remedy for disparate treatment based on their race, and violated both title vii and ..... neutral reason for failing to press race discrimination claims, ultimately found the explanation "unacceptable" because the unions also ignored grievances which involved racial harassment violating the contract covenant against racial discrimination, but which did not also violate another provision. the judge also noted that the unions had refused to complain about racially based terminations ..... the district court properly rejected the unions' explanation that, in order not to antagonize the employer, they did not include racial discrimination claims in grievances claiming other contract violations. a union that intentionally fails to assert discrimination claims, either to avoid antagonizing the employer, and thus to improve chances of success on other issues, or .....

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May 18 1987 (FN)

Nlrb Vs. Ibew

Court : US Supreme Court

Decided on : May-18-1987

..... impact on grievance adjustment and collective bargaining is clearly less significant." [ footnote 12 ] the nlrb held in the alternative that, because schoux did adjust personal grievances -- as opposed to contract grievances -- he qualified as a 8(b)(1)(b) supervisor, even without application of the reservoir doctrine. as a consequence of our conclusion in 481 u. s. infra, ..... decisions of the nlrb further extended 8(b)(1)(b) to prohibit union discipline of employer representatives for the manner in which they performed supervisory functions other than collective bargaining, contract interpretation, and grievance adjustment. in the board's view, "disciplining . . . a supervisor whenever he was engaged in management or supervisory activities, even though his collective bargaining or ..... ways. first, it prohibited indirect coercion of the employer's selection of a representative that might result from union pressure on the employer representative. second, it suggested that contract interpretation is so closely related to collective bargaining that it, too, is a 8(b)(1)(b) activity. this court has since indicated that the board's expansion of ..... . pp. 481 u. s. 580 -589. (b) furthermore, the absence of a collective bargaining relationship between the employers and the union when the latter enforced its no-contract-no-work rule against its supervisor-members made the possibility that the union's discipline of the supervisors would coerce the employers too attenuated to form the basis of an .....

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Apr 06 1987 (FN)

Pilot Life Ins. Co. Vs. Dedeaux

Court : US Supreme Court

Decided on : Apr-06-1987

..... three years his benefits were reinstated and terminated by petitioner several times. respondent ultimately instituted a diversity action against petitioner in federal district court, alleging tort and breach of contract claims under mississippi common law for petitioner's failure to pay benefits under the insurance policy. the court granted summary judgment for petitioner, finding that respondent's common ..... , dedeaux instituted a diversity action against pilot life in the united states district court for the southern district of mississippi. dedeaux's complaint contained three counts: "tortious breach of contract"; "breach of fiduciary duties"; and "fraud in the inducement." app. 18-23. dedeaux sought "[d]amages for failure to provide benefits under the insurance policy in a ..... preempted. although dedeaux's complaint pleaded several state common law causes of action, before this court dedeaux has described only one of the three counts -- called "tortious breach of contract" in the complaint, and "the mississippi law of bad faith" in respondent's brief -- as protected from the preemptive effect of 514(a). the mississippi law of bad ..... does not define the terms of the relationship between the insurer and the insured; it declares only that, whatever terms have been agreed upon in the insurance contract, a breach of that contract may in certain circumstances allow the policyholder to obtain punitive damages. the state common law of bad faith is therefore no more "integral" to the insurer .....

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Jun 22 1987 (FN)

Agency Holding Vs. Malley-duff

Court : US Supreme Court

Decided on : Jun-22-1987

..... -269 (1985). imagine, for example, a federal statute with no limitations period creating a cause of action in favor of handicapped persons discriminated against in the making of contracts. if a state had two statutes of limitations, one covering tortious personal injury and one covering tortious economic injury, under the old approach, the question would have been whether ..... that, in applying a state statute, we do not really have to make a new legislative judgment. the state legislature will already have made the judgment that, for example, in contract actions, a certain balance should be struck between "protecting valid claims . . . [and] prohibiting the prosecution of stale ones." johnson v. railway express agency, 421 u. s. 454 ..... and political corruption. aba report 56-57. as the court of appeals noted, "[e]ven rico claims based on 'garden variety' business disputes might be analogized to breach of contract, fraud, conversion, tortious interference with business relations, misappropriation of trade secrets, unfair competition, usury, disparagement, etc., with a multiplicity of applicable limitations periods." 792 f.2d at 348 ..... the petitioners in the united states district court for the western district of pennsylvania, alleging violations of the federal antitrust laws and a state law claim for tortious interference with contract. see 734 f.2d 133 (ca3 1984). before the antitrust action was brought to trial, however, on march 20, 1981, malley-duff brought this action ( malley- .....

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Jun 15 1987 (FN)

Perry Vs. Thomas

Court : US Supreme Court

Decided on : Jun-15-1987

..... u. s. 117 (1973), was dispositive, the california superior court also did not address thomas' alternative argument that the arbitration agreement in this case constitutes an unconscionable, unenforceable contract of adhesion because "(a) the selection of arbitrators is made by the new york stock exchange, and is presumptively biased in favor of management; and (b) the denial ..... under article iii of the constitution to maintain the present appeal before this court. as we perceive it, thomas' "standing" argument simply presents a straightforward issue of contract interpretation: whether the arbitration provision inures to the benefit of appellants and may be construed, in light of the circumstances surrounding the litigants' agreement, to cover the dispute ..... of this appeal is rejected. appellee's "standing" argument -- which this court does not reach because the lower courts did not address it -- simply presents the straightforward contract interpretation issue whether the arbitration provision inures to appellants' benefit and may be construed to cover the present dispute. that issue may be resolved on remand, and its ..... code. in enacting 2, congress declared a national policy favoring arbitration and withdrew the states' power to require a judicial forum for the resolution of claims that contracting parties agreed to resolve by arbitration. ware is distinguishable on the ground that the language and policies of the 1934 act and the regulations promulgated thereunder evidenced no .....

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Jun 08 1987 (FN)

Shearson/American Express Vs. Mcmahon

Court : US Supreme Court

Decided on : Jun-08-1987

..... england, and germany, and involved consultations with legal and trademark experts from each of those countries and from liechtenstein. finally, and most significantly, the subject matter of the contract concerned the sale of business enterprises organized under the laws of and primarily situated in european countries, whose activities were largely, if not entirely, directed to european markets." 417 ..... . scherk, in contrast, presented page 482 u. s. 255 a multinational conflict-of-laws puzzle. [ footnote 2/10 ] in such a situation, the court observed, a contract provision setting forth a particular forum and the law to apply for possible disputes was "an almost indispensable precondition to achievement of the orderliness and predictability essential to any international ..... significantly different from those found controlling in wilko. " 417 u.s. at 417 u. s. 515 . the court reasoned that arbitration reduced the uncertainty of international contracts and obviated the danger that a dispute might be submitted to a hostile or unfamiliar forum. at the same time, the court noted that the advantages of judicial resolution were ..... 432 . absent a well-founded claim that an arbitration agreement resulted from the sort of fraud or excessive economic power that "would provide grounds `for the revocation of any contract,'" 473 u.s. at 473 u. s. 627 , the arbitration act "provides no basis for disfavoring agreements to arbitrate statutory claims by skewing the otherwise hospitable inquiry into .....

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Mar 25 1987 (FN)

Johnson Vs. Transportation Agency

Court : US Supreme Court

Decided on : Mar-25-1987

..... least likely to have profited from societal discrimination in the past.) it is predictable, moreover, that this incentive will be greatly magnified by economic pressures brought to bear by government contracting agencies upon employers who refuse to discriminate in the fashion page 480 u. s. 677 we have now approved. a statute designed to establish a color-blind and gender-blind ..... our opinions in the affirmative action field -- from weber itself, which demanded belief that the corporate employer adopted the affirmative action program "voluntarily," rather than under practical compulsion from government contracting agencies, see 443 u.s. at 443 u. s. 204 ; to bakke, a title vi case cited as authority by the majority here, ante at 480 u. s. 638 , which .....

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Mar 09 1987 (FN)

ins Vs. Cardoza-fonseca

Court : US Supreme Court

Decided on : Mar-09-1987

..... recognizes, statements by the united nations high commissioner for refugees have no binding force, because " the determination of refugee status under the . . . protocol . . . is incumbent upon the contracting state.'" ante at 480 u. s. 439 , n. 22 (quoting office of the united nations high commissioner for refugees, handbook on procedures and criteria for determining refugee status 1(ii ..... a). indeed, the handbook itself disclaims such force, explaining that "the determination of refugee status under the 1951 convention and the 1967 protocol . . . is incumbent upon the contracting state in whose territory the refugee finds himself." office of the united nations high commissioner for refugees, handbook on procedures and criteria for determining refugee status 1(ii) (geneva, 1979 ..... not correspond to article 33 of the convention, but instead corresponds to article 34. see carvajal-munoz, 743 f.2d at 574, n. 15. that article provides that the contracting states "shall as far as possible facilitate the assimilation and naturalization of refugees. . . ." like 208(a), the provision is precatory; it does not require the implementing authority ..... . [ footnote 25 ] significantly, though, article 33.1 does not extend this right to everyone who meets the definition of "refugee." rather, it provides that "[n]o contracting state shall expel or return ('refouler') a refugee in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race .....

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