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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1996 Page 1 of about 49 results (0.065 seconds)

Jul 01 1996 (FN)

United States Vs. Winstar Corp.

Court : US Supreme Court

Decided on : Jul-01-1996

..... the reserved powers doctrine inapplicable because "the private party to the contract does not seek to stay the exercise of sovereign authority, but merely requests damages for breach of contract," post, at 923, he appears to adopt a distinction between contracts of indemnity and contracts not to change the law similar to the unmistakability analysis he rejects ..... . the requirement of unmistakability embodies this reversal of the normal reasonable presumption. governments do not ordinarily agree to curtail their sovereign or legislative powers, and contracts must be interpreted in a commonsense way against that background understanding. here, however, respondents contend that they have overcome this reverse presumption that the government ..... in the court of federal claims, seeking monetary damages on both contractual and constitutional theories. that court granted respondents' motions for partial summary judgment on contract liability, finding in each case that the government had breached contractual obligations to permit respondents to count supervisory goodwill and capital credits toward their regulatory capital ..... toward regulatory capital requirements, respondents each filed suit against the united states in the court of federal claims, seeking damages for, inter alia, breach of contract. in granting each respondent summary judgment, the court held that the government had breached its contractual obligations and rejected the government's "unmistakability defense"-that surrenders .....

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Aug 21 1996 (SC)

The United India Insurance Co. Ltd. Vs. M.K.J. Corporation

Court : Supreme Court of India

Decided on : Aug-21-1996

Reported in : AIR1997SC408; [1998]92CompCas331(SC); JT1996(7)SC503; (1996)114PLR720; 1996(6)SCALE258; (1996)6SCC428; [1996]Supp5SCR20

..... cause but the insured must be put on notice of this clause.6. it is a fundamental principle of insurance law that utmost good faith must be observed by the contracting parties. good faith forbids either party from concealing (non-disclosure) what he privately knows, to draw the other into a bargain, from his ignorance of that fact and his believing ..... their knowledge, since obligation of good faith applies to them equally with the assured.7. the duty of good faith is of a continuing nature. after the completion of the contract, no material alteration can be made in its terms except by mutual consent. the materiality of a fact is judge by the circumstances existing at the time when the ..... contract is concluded. in the present case, the introduction of the tariff advisory committee document materially affects the terms of the policy, resulting in the denial of the very indemnity of claim. and this was what the appellant sought to do, at the stage of clearing ..... of the complaint. the commission rightly rejected the appellant's plea. notwithstanding this, on behalf of the appellant, it was insisted that the instructions of the tariff advisory committee form part of the contract. admittedly, the appellant-insurer had .....

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Jan 16 1996 (FN)

Zicherman Vs. Korean Air Lines Co.

Court : US Supreme Court

Decided on : Jan-16-1996

..... french law (embodied in the convention) determines what harms arising out of international air accidents must be indemnified, while current domestic law determines who is entitled to the indemnity and how it is to be divided among claimants. when presented with an equally plausible reading of article 24 that leads to a more comprehensible result-that the ..... demonstrably wrong to boot, since it is incontrovertible that article 24 of the convention requires the application of national law to some issues. the postratification conduct of the contracting parties displays the same understanding that the damages recoverable-so long as they consist of compensation for harm incurred (dommage survenu)-are to be determined by domestic law. ..... but also an agreement among sovereign powers, we have traditionally considered as aids to its interpretation the negotiating and drafting history (travaux prl3paratoiresj and the postratification understanding of the contracting parties. both of these sources confirm that the compensable injury is to be determined by domestic law. in the drafting history, the only statements we know of that ..... does not itself resolve the issue of what harm is compensable is shown by the text of articles 17 and 24, the convention's negotiating and drafting history, the contracting states' postratification understanding of the convention, and the virtually unanimous view of expert commentators. pp.221-228. (b) having concluded that compensable harm is to be determined .....

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Nov 13 1996 (FN)

Dunn Vs. Commodity Futures Trading Comm'n

Court : US Supreme Court

Decided on : Nov-13-1996

..... the treasury amendment's exemption for "transactions in foreign currency" without any significant effect at all, because it would limit the scope of the exemption to "forward contracts" (agreements that anticipate the actual delivery of a commodity on a specified future date) and "spot transactions" (agreements for purchase and sale of commodities that anticipate ..... for purposes of the treasury amendment. indeed, adopting the commission's reading would deprive the exemption of the principal effect congress intended. the cftc acknowledges that futures contracts fall squarely within the treasury amendment's exemption, brief for cftc 30, and there is no question that the exemption of off-exchange foreign currency futures from cftc ..... "nothing in this chapter shall be deemed to govern or in any way be applicable to transactions in foreign currency, security warrants, security rights, resales of installment loan contracts, repurchase options, government securities, or mortgages and mortgage purchase commitments, unless such transactions involve the sale thereof for future delivery conducted on a board of trade." 7 u ..... operated a fraudulent scheme involving transactions in foreign currency options in violation of the commodity exchange act (cea) and cftc regulations. petitioners allegedly engaged in the transactions by contracting directly with international banks and others, rather than using a regulated exchange or board of trade. this is known as trading in the "offexchange" or "over-the .....

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Dec 10 1996 (FN)

Kansas Vs. Hendricks

Court : US Supreme Court

Decided on : Dec-10-1996

..... he has no specialized training); testimony of john house, srs attorney, id., at 367 (no contract has been signed by bidders); testimony of john house, srs attorney, id., at 369 (no one hired to operate sexually violent predator (svp) program or to serve as clinical director ..... support for the kansas court's conclusion. the court found that, as of the time of hendricks' commitment, the state had not funded treatment, it had not entered into treatment contracts, and it had little, if any, qualified treatment staff. see 259 kan., at 249, 258, 912 p. 2d, at 131, 136; testimony of dr. charles befort, app. 255 (acknowledging that .....

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Apr 23 1996 (FN)

Holly Farms Corp. Vs. Nlrb

Court : US Supreme Court

Decided on : Apr-23-1996

..... . we agree with the board, however, that they are consistent with "employee" characterization of the crews that catch grown chickens for carriage to holly farms' processing plant. on contract arrangements for raising poultry, the department of labor has issued an interpretative regulation, which we noted in bayside, 429 u. s., at 303-304, n. 13, as follows ..... over the classification of certain workers, described as "live-haul" crewsteams of chicken catchers, forklift operators, and truckdrivers, who collect for slaughter chickens raised as broilers by independent contract growers, and transport the birds to holly farms' processing plant. holly farms maintains that members of "live-haul" crews are "agriculturallaborer[s]," a category of workers exempt from ..... catchers, forklift operators, and truckdrivers are engaged in secondary agriculture. the live-haul activities are not "performed by a farmer." when an integrated poul- 393 try producer contracts with independent growers for the care and feeding of chicks hatched in the producer's hatcheries, the producer's status as a farmer ends with respect to those chicks. ..... the approved unit included workers described as "live-haul" crews-teams of chicken catchers, forklift operators, and truckdrivers, who collect for slaughter chickens raised as broilers by independent contract growers, and transport the birds to the processing plant. on holly farms' petition for review, the fourth circuit enforced the board's order. the court held that the .....

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Feb 21 1996 (FN)

Denver Area Ed. Telecommunications Consortium, Inc. Vs. Fcc

Court : US Supreme Court

Decided on : Feb-21-1996

..... franchise agreement is a contract, and in those agreements the cable operator surrenders his power to exclude certain programmers from use of his property for specific purposes. a state court confronted with the issue would ..... sees no evidence of a "formal easement." post, at 828. under general principles of property law, no particular formalities are necessary to create an easement. easements may be created by contract. 2 g. thompson, commentaries on the modern law of real property 331-332 (1980); 3 h. tiffany, the law of real property 776 (3d ed. 1939). a ..... and justice kennedy have explained, the public, educational, and governmental access channels that are regulated by 10(c) are not creations of the federal government. they owe their existence to contracts forged between cable operators and local cable franchising authorities. ante, at 734, 760-762 (opinion of breyer, j.); post, at 788-790, 791-794 (kennedy, j., concurring in ..... is a law that could radically change present programming-related relationships among local community and nonprofit supervising boards and access managers, which relationships are established through municipal law, regulation, and contract. in doing so, it would not significantly restore editorial rights of cable operators, but would greatly increase the risk that certain categories of programming (say, borderline offensive programs) .....

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Dec 10 1996 (FN)

O'Gilvie Vs. United States

Court : US Supreme Court

Decided on : Dec-10-1996

o'gilvie v. united states - 519 u.s. 79 (1996) october term, 1996 syllabus o'gilvie et al., minors v. united states certiorari to the united states court of appeals for the tenth circuit no. 95-966. argued october 9, 1996-decided december 10, 1996* petitioners, the husband and two children of a woman who died of toxic shock syndrome, received a jury award of $1,525,000 actual damages and $10 million punitive damages in a tort suit based on kansas law against the maker of the product that caused decedent's death. they paid federal income tax insofar as the award's proceeds represented punitive damages, but immediately sought a refund. procedurally speaking, this litigation represents the consolidation of two cases brought in the same federal district court: the husband's suit against the government for a refund, and the government's suit against the children to recover the refund that the government had made to the children earlier. the district court found for petitioners under 26 u. s. c. 104(a)(2), which, as it read in 1988, excluded from "gross income" the "amount of any damages received ... on account of personal injuries or sickness." (emphasis added.) the court held on the merits that the italicized language includes punitive damages, thereby excluding such damages from gross income. the tenth circuit reversed, holding that the exclusionary provision does not cover punitive damages. held: 1. petitioners' punitive damages were not received "on account of" personal .....

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Jun 24 1996 (FN)

Gasperini Vs. Center for Humanities, Inc.

Court : US Supreme Court

Decided on : Jun-24-1996

..... southern district of new york, invoking the court's diversity jurisdiction pursuant to 28 u. s. c. 1332.1 he alleged several state-law claims for relief, including breach of contract, conversion, and negligence. see app. 5-6. the center conceded liability for the lost transparencies and the issue of damages was tried before a jury. 1 plaintiff gasperini, petitioner here ..... cases in which "a reasonably certain measure of damages is afforded." 1 d. graham, law of new trials in cases civil and criminal 452 (2d ed. 1855); washington, damages in contract at common law, 47 l. q. rev. 345, 363-364 (1931). here, new york has prescribed an objective, legallimitation on damages. if an appellate court may reverse a jury's .....

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Jun 10 1996 (FN)

United States Vs. International Business Machines Corp.

Court : US Supreme Court

Decided on : Jun-10-1996

..... export clause to tax insurance taken out by an export freightforwarder to cover a warehouse storing goods in transit, or to tax ocean marine protection and indemnity insurance taken out by a vessel owner to protect against damage to export cargo, cf. holtom, supra, at 452, if part of the risk covered ..... mersey, supra, at 25, citing paul v. virginia, 8 wall. 168 (1869). as a result, the court reasoned, an insurance policy was simply a personal contract and a document which, by custom, was a necessary part of every export transaction. 237 u. s., at 2526. a tax on the premiums of such a policy ..... the internal revenue code imposes a tax of "4 cents on each dollar, or fractional part thereof, of the premium paid on the policy of casualty insurance or the indemnity bond, if issued to or for, or in the name of, an insured .... " 26 u. s. c. 4371(1) (1982 ed.). the term ..... directed specifically at exports. in cornell, the court addressed whether the export clause prohibited application of a federal excise tax on filled cheese manufactured under contract for export. looking to the analysis set out in turpin, we rejected the contention that the export clause bars application of a nondiscriminatory tax imposed ..... 849 taxes to the transactions at issue because each tax was, in effect, a tax on exports. the type of charter contract at issue in hvoslef was "in contemplation of law a mere contract of affreightment," 237 u. s., at 16, and we found that the tax, as applied to charters for exportation, " .....

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