Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1987 Page 1 of about 88 results (0.178 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 .....

Tag this Judgment!

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, w.va.code 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. w.va.code 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 .....

Tag this Judgment!

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- .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

Mar 09 1987 (FN)

Keystone Bituminous Vs. Debenedictis

Court : US Supreme Court

Decided on : Mar-09-1987

..... also satisfy itself that the legislature's "adjustment of 'the rights and responsibilities of contracting parties [is based] upon reasonable conditions and [is] of a character appropriate to the public purpose justifying [the legislation's] adoption.'" energy reserves group, inc. v. kansas ..... cemeteries. as we have discussed, the commonwealth has a strong public interest in preventing this type of harm, the environmental effect of which transcends any private agreement between contracting parties. of course, the finding of a significant and legitimate public purpose is not, by itself, enough to justify the impairment of contractual obligations. a court must ..... court of appeals agreed with the district court that a higher degree of deference should be afforded to legislative determinations respecting economic and social legislation affecting wholly private contracts than when the state impairs its own agreements. the court held that the impairment of private agreements effectuated by the subsidence act was justified by the legislative finding ..... violation of article i, 10, of the constitution by denying petitioners their right to hold surface owners to their contractual waivers of liability for surface damage. the contracts clause has not been read literally to obliterate valid exercises of the states' police power to protect the public health and welfare. here, the commonwealth has a significant .....

Tag this Judgment!

Jun 24 1987 (FN)

Mcnally Vs. United States

Court : US Supreme Court

Decided on : Jun-24-1987

..... the payment of insurance commissions. moreover, although the government relies in part on the assertion that petitioners obtained property by means of false representations to the company awarded the insurance contract, there was nothing in the charge that required such a finding. pp. 483 u. s. 360 -361. 790 f.2d 1290, reversed and remanded. white, j., delivered the opinion of ..... was such a page 483 u. s. 356 fiduciary because he "substantially participated in governmental affairs and exercised significant, if not exclusive, control over awarding the workmen's compensation insurance contract to wombwell and the payment of monetary kickbacks to seton." 790 f.2d at 1296. we granted certiorari, 479 u.s. 1005 (1986), and now reverse. the mail fraud statute ..... the united states mail to facilitate its paying the illinois secretary of state approximately $50,000 a year in return for the secretary's awarding the state's license plate contract to a certain company. in response to the argument that all parties to the scheme were reaping profits, and that nobody was defrauded, the court of appeals explained that the ..... services. see trial of valentine jones, 31 how. st. tr. 251 (1809). the case has been abstracted as follows: "a, a commissary-general of stores in the west indies, makes contracts with b to supply stores, on the condition that b should divide the profits with a. a commits a misdemeanor." j. stephen, digest of the criminal law, art. 121, p .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //