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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2002 Page 1 of about 42 results (0.471 seconds)

Apr 12 2002 (SC)

State Bank of Saurashtra Vs. Ashit Shipping Services (P.) Ltd. and anr ...

Court : Supreme Court of India

Decided on : Apr-12-2002

Reported in : AIR2002SC1993; 2002(3)ALD83(SC); II(2002)BC536(SC); (2002)3CALLT1(SC); [2002]110CompCas329(SC); (2002)3GLR2401; JT2002(4)SC85; (2002)3PLR547; 2002(3)SCALE390; (2002)4SCC736

..... with the stamp of the appellant bank and the signature of their manager: 'we the undersigned hereby join in the above indemnity and jointly and severally guarantee due performance ofthe above contract and accept all the formalities expressed therein. sd/-stamp and signature of bank.' 4. the 1st respondent claim that on ..... court have consistently held that unconditionalbank guarantees must be honoured by the bank. in the present case, it is not clear whether the document is an indemnity or a guarantee. in any event, there is no unconditional bank guarantee. even if the document is held to be a guarantee it is only ..... rejected by the trial court and/or the high court. 14. as stated above, prima facie, the document appears to be an indemnity bond. in cases of indemnities the question of making goes the loss arises only when there is proof that loss is suffered. in this behalf the wording of order ..... of the appellant bank has merely affixed the stamp of the appellants and signed under a paragraph which states that they had joined in the indemnity. the appellants had also set out in their application for leave to defend that the documents submitted to the negotiating bank were not negotiated as ..... the bank's record nor controller's permission for sanction was obtained. it is submitted that the branch manager has exceeded his powers and alleged indemnity bond is not binding on the defendant no. 1. it therefore leads to the suspicion that the same is fraudulently obtained by the plaintiff in .....

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Jun 20 2002 (FN)

Rush Prudential Hmo, Inc. Vs. Moran

Court : US Supreme Court

Decided on : Jun-20-2002

..... as risk-bearing organizations subject to state insurance regulation, the state act defines hmos by reference to risk bearing, hmos have taken over much business formerly performed by traditional indemnity insurers, and they are almost universally regulated as insurers under state law. that hmos are not traditional "indem- extent it applied to self-funded plans. this fact, ..... , and if a participant becomes expensively ill, the hmo is responsible for the treatment .... " id., at 218-219. the hmo design goes beyond the simple truism that all contracts are, in some sense, insurance against future fluctuations in price, r. posner, economic analysis of law 104 (4th ed. 1992), because hmos actually underwrite and spread risk among ..... 205 , 211 (1979) (explaining that the "business of insurance" is not coextensive with the "business of insurers"). 1 the commonsense enquiry focuses on "primary elements of an insurance contract[, which] are the spreading and underwriting of a policyholder's risk." ibid. the illinois statute addresses these elements by defining "health maintenance organization" by reference to the risk that ..... and is expected to exercise independent medical judgment, based on medical records submitted by the parties, in deciding what medical necessity requires. this process does not resemble either contract interpretation or evidentiary litigation before a neutral arbiter as much as it looks like the practice of obtaining a second opinion. in addition, 4-10 does not clash .....

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Oct 09 2002 (FN)

Eldred Vs. Ashcroft

Court : US Supreme Court

Decided on : Oct-09-2002

..... is that the permissions requirement can inhibit or prevent the use of old works (particularly those without commercial value): (1) because it may prove expensive to track down or to contract with the copyright holder, (2) because the holder may prove impossible to find, or (3) because the holder when found may deny permission either outright or through misinformed efforts to ..... the patent in order to accelerate public access to the invention. the fairness considerations that underlie the constitutional protections against ex post facto laws and laws impairing the obligation of contracts would presumably disable congress from making such a retroactive change in the public's bargain with an inventor without providing compensation for the taking. those same considerations should protect members ..... after the period of limitation has expired. the patentee pays a duty on his patent, which is an effective source of revenue to the united states. it is virtually a contract between each patentee and the people of the united states, by which the time of exclusive and secure enjoyment is limited, and then the benefit of the discovery results to ..... floor debate echoed this same sentiment. see, e. g., id., at 424 (statement of mr. verplanck (rejecting the idea that copyright involved "an implied contract existing between an author and the public" for "[t]here was no contract; the work of an author was the result of his own labor" and copyright was "merely a legal provision for the protection of a .....

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Apr 29 2002 (FN)

Us Airways, Inc. Vs. Barnett

Court : US Supreme Court

Decided on : Apr-29-2002

..... . rep. no. 101-116, p. 32 (1989) (same). petitioner's personnel policy guide for agents, which contains its seniority policy, specifically states that it is "not intended to be a contract (express or implied) or otherwise to create legally enforceable obligations," and that petitioner "reserves the right to change any and all of the stated policies and procedures in [the] guide ..... collective-bargaining agreements); textile workers v. lincoln mills of ala., 353 u. s. 448 (1957) (holding that 301(a) expresses a federal policy in favor of the enforceability of labor contracts); charles dowd box co. v. courtney, 368 u. s. 1 it is evident from the legislative history that several provisions of title vii were copied or incorporated by reference into ..... to ensure that its seniority rules raised no great expectations. in its policy statement, us airways said that "[t]he agent personnel policy guide is not intended to be a contract" and that "usair reserves the right to change any and all of the stated policies and procedures in this guide at any time, without advanced notice." lodging of respondent 2 ..... original). while i will skip any state-by-state analysis of the legal treatment of employee handbooks (a source of many lawyers' fees) it is safe to say that the contract law of a number of jurisdictions would treat this disclaimer as fatal to any claim an employee 424 might make to enforce the seniority policy over an employer's contrary .....

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Jan 08 2002 (FN)

Great-west Life and Annuity Ins. Co. Vs. Knudson

Court : US Supreme Court

Decided on : Jan-08-2002

..... defendant to pay a sum of money." restatement of restitution 160, comment a, pp. 641-642 (1936). such claims were viewed essentially as actions at law for breach of contract (whether the contract was actual or implied). in contrast, a plaintiff could seek restitution in equity, ordinarily in the form of a constructive trust or an equitable lien, where money or property ..... petitioners could have intervened in the state-court tort action brought by respondents or whether a direct action by petitioners against respondents asserting state-law claims such as breach of contract would have been pre-empted by erisa. nor do we decide whether petitioners could have obtained equitable relief against respondents' attorney and the trustee of the special needs trust, ..... multiple damages actions." bowen, supra, at 918 (scalia, j., dissenting). see also 3 dobbs 12.8(2), at 200; 5a corbin 1142, at 117118. typically, however, specific performance of a contract to pay money was not available in equity. 1 at oral argument, petitioners' counsel argued that the injunction specifically authorized by 502(a)(3)(a) need not be a form ..... , to impose personal liability on respondents for a contractual obligation to pay money-relief that was not typically available in equity. "a claim for money due and owing under a contract is 'quintessentially an action at law.'" wal-mart stores, inc. v. wells, 213 f.3d 398 , 401 (ca7 2000) (posner, j.). "almost invariably ... suits seeking (whether by judgment, injunction, .....

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Dec 03 2002 (FN)

Sprietsma Vs. Mercury Marine

Court : US Supreme Court

Decided on : Dec-03-2002

sprietsma v. mercury marine - 537 u.s. 51 (2002) october term, 2002 syllabus sprietsma, administrator of the estate of sprietsma, deceased v. mercury marine, a division of brunswick corp. certiorari to the supreme court of illinois no. 01-706. argued october 15, 2002-decided december 3, 2002 petitioner's wife was killed in a boating accident when she was struck by the propeller of an outboard motor manufactured by respondent, mercury marine, a division of brunswick corporation (brunswick). in his subsequent common-law tort action in illinois state court, petitioner claimed that brunswick's motor was unreasonably dangerous because, among other things, it was not protected by a propeller guard. the trial court dismissed the complaint, and the intermediate court affirmed, finding the action expressly pre-empted by the federal boat safety act of 1971 (fbsa or act). the illinois supreme court rejected that rationale, but affirmed on implied pre-emption grounds. held: the fbsa does not pre-empt state common-law claims such as petitioner's. pp. 56-70. (a) the fbsa was enacted to improve boating safety, to authorize the establishment of national construction and performance standards for boats and associated equipment, and to encourage greater uniformity of boating laws and regulations as among the states and the federal government. the secretary of transportation has delegated the authority to promulgate regulations establishing minimum safety standards for recreational vessels and .....

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Jun 20 2002 (FN)

Utah Vs. Evans

Court : US Supreme Court

Decided on : Jun-20-2002

utah v. evans - 536 u.s. 452 (2002) october term, 2001 syllabus utah et al. v. evans, secretary of commerce, et al. appeal from the united states district court for the district of utah no. 01-714. argued march 27, 2002-decided june 20, 2002 the census bureau derives most census information from forms it mails to a nationwide list of addresses. if no one replies to a particular form or the information supplied is confusing, contradictory, or incomplete, the bureau follows up with visits by its field personnel. occasionally, despite the visits, the bureau may still have conflicting indications about, e. g., whether a listed address is a housing unit, office building, or vacant lot, whether a residence is vacant or occupied, or the number of persons in a unit. the bureau may then use a methodology called "imputation," by which it infers that the address or unit about which it is uncertain has the same population characteristics as those of its geographically closest neighbor of the same type (i. e., apartment or single-family dwelling) that did not return a form. in the year 2000 census, the bureau used "hot-deck imputation" to increase the total population count by about 0.4%. but because this small percentage was spread unevenly across the country, it made a difference in the apportionment of congressional representatives. in particular, imputation increased north carolina's population by 0.4% while increasing utah's by only 0.2%, so that north carolina will receive one more .....

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Apr 15 2002 (FN)

Franconia Associates Vs. United States

Court : US Supreme Court

Decided on : Apr-15-2002

..... in the future, petitioners attempted to prepay their mortgages. see restatement 250, comment b ("[a] statement of intention not to perform except on conditions which go beyond the contract constitutes a repudiation." (internal quotation marks omitted)); murray, supra, 208, at 421. unless petitioners treated elihpa as a present breach by filing suit prior to the ..... , elihpa's enactment. on that account, the federal circuit held their claims untimely, and their suits properly dismissed. accepting for purposes of this decision that the loan contracts guaranteed the absolute prepayment right petitioners allege, we reverse the federal circuit's judgment. elihpa's enactment, we conclude, qualified as a repudiation of the parties' bargain, ..... like elihpa that precludes the government from honoring a contractual obligation anticipating future performance always constitutes a present breach because the agency or official responsible for administering the contract is not free to change its mind and render the requisite performance without violating binding federal law. however, just as congress may announce the government's ..... first accrue[d]," 2501, depends upon when the government breached the prepayment undertaking stated in the promissory notes. in declaring elihpa a present breach of petitioners' loan contracts, the federal circuit reasoned that the government had but one obligation under those agreements: to continue to allow borrowers the unfettered right to prepay their loans at any .....

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Oct 09 2002 (FN)

Howsam Vs. Dean Witter Reynolds, Inc.

Court : US Supreme Court

Decided on : Oct-09-2002

..... as to the parties' likely intent does not apply. iii dean witter argues that, in any event, i. e., even without an antiarbitration presumption, we should interpret the contracts between the parties here as calling for judicial determination of the time limit matter. howsam's execution of a uniform submission agreement with the nasd in 1997 effectively incorporated the ..... that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation). similarly, a disagreement about whether an arbitration clause in a concededly binding contract applies to a particular type of controversy is for the court. see, e. g., at&t technologies, supra, at 651-652 (holding that a court should decide whether ..... expertise will help better to secure the underlying controversy's fair and expeditious resolution. pp. 83-86. (b) dean witter's argument that, even without an antiarbitration presumption, the contracts call for judicial determination is unpersuasive. the word "eligible" in the nasd code's time limit rule does not, as dean witter claims, indicate the parties' intent for the ..... &t technologies, inc. v. communications workers, 475 u. s. 643 , 649. the phrase "question of arbitrability" has a limited scope, applicable in the kind of narrow circumstance where contracting parties would likely have expected a court to have decided the gateway matter. but the phrase is not applicable in other kinds of general circumstance where parties would likely expect .....

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Jun 20 2002 (FN)

Columbus Vs. Ours Garage and Wrecker Service, Inc.

Court : US Supreme Court

Decided on : Jun-20-2002

columbus v. ours garage & wrecker service, inc. - 536 u.s. 424 (2002) october term, 2001 syllabus city of columbus et al. v. ours garage and wrecker service, inc., et al. certiorari to the united states court of appeals for the sixth circuit no. 01-419. argued april 23, 2002-decided june 20, 2002 federal law preempts prescriptions by "a state [or] political subdivision of a state ... related to a price, route, or service of any motor carrier ... with respect to the transportation of property," 49 u. s. c. 14501(c)(1). exceptions to this general rule provide that the preemption directive "shall not restrict the safety regulatory authority of a state with respect to motor vehicles," 14501(c)(2)(a); "does not apply to the transportation of household goods," 14501(c)(2)(b); and "does not apply to the authority of a state or a political subdivision of a state" to regulate "the price of for-hire motor vehicle transportation by a tow truck ... performed without the prior consent ... of the [towed vehicle's] owner or operator," 14501(c)(2)(c). petitioner columbus, ohio (city), extensively regulates the operation of tow trucks seeking to pick up vehicles within city limits. plaintiff-respondents, a tow-truck operator and a trade association of such operators, brought this suit to enjoin enforcement of the city's tow-truck regulations on the ground that they were preempted by 14501(c)(1). the federal district court granted the plaintiffs summary judgment. the sixth circuit affirmed .....

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