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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1995 Page 1 of about 51 results (0.135 seconds)

Oct 30 1995 (FN)

Hercules, Inc. Vs. United States

Court : US Supreme Court

Decided on : Oct-30-1995

..... supra, 561. the majority cannot argue that, because those five sets of circumstances suggest the contrary. first, the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of 437 indemnity, for doing so would amount to a bypass of, and "render ... superfluous," the statutes and "panoply of implementing regulations" that ..... c. 14311435 (1988 ed. and supp.v)). 12ju8tice breyer asserts that, by citing these statutes and regulations, "the majority implies that a contracting officer, in all likelihood, would not have agreed to an implicit promise of indemnity, for doing so would amount to a bypass of" the provisions. post, at 436-437. we view the statutes and regulations, which ..... implication as it is to those expressly made." sutton, 256 u. s., at 580 (opinion of brandeis, j.). when thompson contracted with the united states, statutory mechanisms existed under which a government contracting officer could provide an indemnity agreement to specified classes of contractors under specified conditions. see, e. g., 50 u. s. c. 1431 (1988 ed., supp. v) ..... provided to defense contractors); 10 u. s. c. 2354 (1956 statute authorizing indemnification provisions in contracts of a military department for research or development); 42 u. s. c. 2210 (indemnity scheme, first enacted statutes that expressly provide for the creation of indemnity agreements); the act bars agreements for which there has been no appropriation. we consider open-ended .....

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Jun 19 1995 (FN)

Vimar Seguros Y Reaseguros, S. A. Vs. M/V Sky Reefer

Court : US Supreme Court

Decided on : Jun-19-1995

..... brief for the american association of exporters and importers et al. as amici curiae urging reversal. michael f. sturley filed a brief for the american steamship owners mutual protection and indemnity association, inc., et al. as amici curiae urging affirmance. 531 hired by galaxie loaded and stowed the cargo. as is customary in these types of transactions, when it ..... out arbitration clauses for disfavored treatment; it invalidates any clause that lessens the carrier's liability. illegality under cogsa is therefore an independent ground "for the revocation of any contract," under faa 2. there is no conflict between the two federal statutes. the correctness of this construction becomes even more apparent when one considers the policies of the ..... appeals without exception have followed indussa. in the 1975 edition of their treatise, gilmore and black also endorsed its holding, adding this comment: "cogsa allows a freedom of contracting out of its terms, but only in the direction of increasing the shipowner's liabilities, and never in the direction of diminishing them. this apparent onesidedness is a commonsense ..... bacchus), a new york partnership that distributes fruit at wholesale throughout the northeastern united states. bacchus dealt with galaxie negoce, s. a. (galaxie), a moroccan fruit supplier. bacchus contracted with galaxie to purchase the shipload of fruit and chartered a ship to transport it from morocco to massachusetts. the ship was the m/v sky reefer, a refrigerated cargo .....

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May 10 1995 (SC)

Lic of India and anr. Vs. Consumer Education and Research Center and o ...

Court : Supreme Court of India

Decided on : May-10-1995

Reported in : AIR1995SC1811; [1995]84CompCas168(SC); (1996)2GLR83; JT1995(4)SC366; 1995(3)SCALE627; (1995)5SCC482; [1995]Supp1SCR349; 1995(2)LC442(SC)

..... gillespie brothers & co. ltd. v. roy bowles transport ltd. 1973 (1) q.b 400, lord denning for the first time construing the indemnity clause in a contract stated that the court to permit party to enforce his unreasonable clause, even when it is so unreasonable, or applied so unreasonably, would be unconscionable, it was ..... in the bargaining process and substantive unconscionability is fault or unfairness in the bargaining outcome-that is, unfairness of terms; quoting section 208 of the restatement (second) of contracts, he stated at page 752 that:over the last fifteen years, however, there have been strong indications that the principle of unconscionability authorises a review of elements well ..... in ramana dayaram shetty v. international airport authority of india : (1979)iillj217sc , another constitution bench held that in a welfare state in regulating and dispensing special services including contracts, the citizen derives rights or privileges by entering into favourable relations with the government. the government, therefore, cannot anchor its role as a private person. the exercise of the ..... business, its policies must be in conformity with the rights in parts iii and iv of the constitution. it has no power to impose any unconstitutional conditions in the contract, no classification much less valid classification has been made between salaried employees in government, semi-government, organised sectors or reputed commercial organisations, self-employed or unorganised sectors. the .....

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May 09 1995 (SC)

Calcutta Metropolitan Development Authority, State of W.B. Through Its ...

Court : Supreme Court of India

Decided on : May-09-1995

Reported in : JT1995(5)SC141; 1995(3)SCALE479; (1995)4SCC231; [1995]Supp1SCR121

..... with the extent of the property in lump sum. it is, however, a condition or the bargain that if high land is sold first, the second party shall give proper indemnity that the low land shall fetch proper consideration to cover up the balance of the consideration as per the rate including the enhancement.8....9....10. the second party shall ..... on completion of sale or sales the agreed amount including the enhanced amount as per terms be not available.11. either party shall have the right to specifically enforce the contract.12. all amounts in excess of the agreed amount, after sale or sales shall be receivable by or be appropriated to the property of the second party.schedule of the ..... up the low and marshy land according to its scheme. provided, however, the first party shall not part with possession of the property except and in so far as the contracted property or part thereof for which full consideration would be paid and/or conveyance would be duly executed and registered.2. in view of the special circumstances and of the .....

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Oct 11 1995 (FN)

Seminole Tribe of FlA. Vs. Florida

Court : US Supreme Court

Decided on : Oct-11-1995

..... of attainder or ex post facto laws, coining money or emitting bills of credit, denying the privileges and immunities of out-of-staters, or impairing the obligation of contracts. but the proposed constitution also dealt with the old problems affirmatively by granting the powers to congress enumerated in article i, 8, and by providing through the supremacy ..... ). the troop withdrawal, of course, left the federal judiciary "effectively without power to resist the rapidly coalescing repudiation movement." gibbons, 83 colum. l. rev., at 1981. contract clause suits like the one brought by hans thus presented this court with "a draconian choice between repudiation of some of its most inviolable constitutional doctrines and the humiliation of ..... . 120 "different states may entertain different opinions on the true construction of the constitutional powers of congress. we know that, at one time, the assumption of the debts contracted by the several states, during the war of our revolution, was deemed unconstitutional by some of them .... states may legislate in conformity to their opinions, and may enforce ..... gave congress plenary power to regulate interstate commerce. see union gas, 491 u. s., at 17 ("the important point ... is that the provision both expands federal power and contracts state power"). respondents' focus elsewhere is misplaced. while the plurality decision states that congress' power under the interstate commerce clause would be incomplete without the power to abrogate, that .....

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Jan 18 1995 (FN)

American Airlines, Inc. Vs. Wolens

Court : US Supreme Court

Decided on : Jan-18-1995

..... "peripheral," not "essential," to an airline's operation. held: the ada's preemption prescription bars state-imposed regulation of air carriers, but allows room for court enforcement of contract terms set by the parties themselves. pp. 226-235. (a) morales does not countenance the illinois supreme court's separation of "essential" operations from unessential programs. plaintiffs' ..... safety-related personal-injury claims relating to airline operations."). 232 the united states maintains that the dot has neither the authority nor the apparatus required to superintend a contract dispute resolution regime. see brief for united states as amicus curiae 22. prior to airline deregulation, the cab set rates, routes, and services through a cumbersome administrative ..... 731. when congress dismantled that regime, the united states emphasizes, the lawmakers indicated no intention to establish, simultaneously, a new administrative process for dot adjudication of private contract disputes. see brief for united states as amicus curiae 22. we agree. nor is it plausible that congress meant to channel into federal courts the business of resolving, ..... power of the state in the effort to enforce those (and only those) private agreements that conform to rules set by those state policies known collectively as "contract law." courts cannot enforce private agreements without reference to those policies, because those policies define the role of courts in deciding disputes concerning private agreements. for these .....

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Jan 18 1995 (FN)

Allied-bruce Terminix Cos. Vs. Dobson

Court : US Supreme Court

Decided on : Jan-18-1995

..... affirmed on the basis of a state statute invalidating predispute arbitration agreements, ruling that the federal act applies only if, at the time the parties entered into the contract and accepted the arbitration clause, they "contemplated" substantial interstate activity. despite some such activities, the court found that these parties "contemplated" a transaction that was ..... antiarbitration statute, since the court in that case considered the basic arguments now raised, and nothing significant changed subsequently; since, in the interim, private parties have likely written contracts relying on southland; and since congress, both before and after southland, has enacted legislation extending, not retracting, the scope of arbitration. pp. 270-273. (b) ..... interpretation fits awkwardly with the rest of 2. that section, for example, permits parties to agree to submit to arbitration "an existing controversy arising out of" a contract made earlier. why would congress want to risk nonenforceability of this later arbitration agreement (even if fully connected with interstate commerce) simply because the parties did not properly ..... "contemplate" (or write 279 about) the interstate aspects of the earlier contract? the first interpretation, requiring only that the "transaction" in fact involve interstate commerce, avoids this anomaly, as it avoids the other anomalous effects growing out of .....

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Oct 02 1995 (FN)

Morse Vs. Republican Party of VA.

Court : US Supreme Court

Decided on : Oct-02-1995

morse v. republican party of va. - 517 u.s. 186 (1995) october term, 1995 syllabus morse et al. v. republican party of virginia et al. appeal from the united states district court for the western district of virginia no. 94-203. argued october 2, 1995-decided march 27,1996 appellee republican party of virginia (party) invited all registered virginia voters willing to declare their support for the party's nominees at the 1994 general election to become delegates to a convention to nominate the party's candidate for united states senator upon payment of a registration fee. appellants bartholomew and enderson desired, and were qualified, to become delegates, but were rejected because they refused to pay the fee; appellant morse paid the fee with funds advanced by supporters of the eventual nominee. alleging, inter alia, that the imposition of the fee violated 5 and 10 of the voting rights act of 1965, appellants filed a complaint seeking an injunction preventing the party from imposing the fee and ordering it to return the fee paid by morse. the three-judge district court convened to consider the 5 and 10 claims granted the party's motion to dismiss, concluding that the "general rule" that 5 covers political parties to the extent that they are empowered to conduct primary elections is inapplicable to the selection of nominating convention delegates under a regulation promulgated by the attorney general of the united states and under this court's summary decision in williams v. .....

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Jun 12 1995 (FN)

Adarand Constructors, Inc. Vs. Peandntilde;a

Court : US Supreme Court

Decided on : Jun-12-1995

..... sess. (1981); minority business and its contribution to the u. s. economy: hearing before the senate committee on small business, 97th cong., 2d sess. (1982); federal contracting opportunities for minority and women-owned businessesan examination of the 8(d) subcontracting program: hearings before the senate committee on small business, 98th cong., 1st sess. (1983); ..... s. small business administration or any state highway agency. certification by other government agencies, counties, or cities may be acceptable on an individual basis provided the contracting officer has determined the certifying agency has an acceptable and viable dbe certification program. if the contractor requests payment under this provision, the contractor shall furnish the ..... such individuals include minorities or any other individuals found to be disadvantaged by the small business administration (sba). the prime contractor under a federal highway construction contract containing such a clause awarded a subcontract to a company that was certified as a small disadvantaged business. the record does not reveal how the company obtained ..... certiorari to the united states court of appeals for the tenth circuit no.93-1841. argued january 17, 1995-decided june 12, 1995 most federal agency contracts must contain a subcontractor compensation clause, which gives a prime contractor a financial incentive to hire subcontractors certified as small businesses controlled by socially and economically disadvantaged individuals .....

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Jan 10 1995 (FN)

Mastrobuono Vs. Shearson Lehman Hutton, Inc.

Court : US Supreme Court

Decided on : Jan-10-1995

..... of the statute permitting the california courts to stay the arbitration proceedings, we concluded that the act "simply requires courts to enforce privately negotiated agreements to arbitrate, like other contracts, in accordance with their terms." 489 u. s., at 478. as a result, we interpreted the choice-of-iaw clause "to make applicable state rules governing the ..... allowing them. this interpretation is untenable. we hold that the court of appeals misinterpreted the parties' agreement. the arbitral award should have been enforced as within the scope of the contract. the judgment of the court of appeals is, therefore, reversed. it is so ordered. justice thomas, dissenting. in volt information sciences, inc. v. board of trustees of ..... new york law" is ambiguous, and even if "arbitration in accordance with nasd rules" indicates that punitive damages are permissible, the juxtaposition of the two clauses suggests that the contract incorporates "new york law relating to arbitration." we disagree. at most, the choice-of-iaw clause introduces an ambiguity into an arbitration agreement that would otherwise allow punitive damages ..... enforced according to its terms even if a rule of state law would otherwise exclude such claims from arbitration. thus, the case before us comes down to what the contract has to say about the arbitrability of petitioners' claim for punitive damages. iii shearson's standard-form "client agreement," which petitioners executed, contains 18 paragraphs. the two .....

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