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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2010 Page 1 of about 92 results (0.055 seconds)

Feb 17 2010 (SC)

Economic Transport Organization Vs. Charan Spinning Mills (P) Ltd. and ...

Court : Supreme Court of India

Decided on : Feb-17-2010

Reported in : JT2010(2)SC271,2010(2)SCALE427,2010(2)LC1004(SC)

..... to maintain a suit in his own name against third parties.14. subrogation, as an equitable assignment, is inherent, incidental and collateral to a contract of indemnity, which occurs automatically, when the insurer settles the claim under the policy, by reimbursing the entire loss suffered by the assured. it need not ..... high court in vasudeva mudaliar v. caledonian insurance co. air 1965 mad. 159 thus:in other words arising out of the nature of a contract of indemnity, the insurer, when he has indemnified the assured, is subrogated to his rights and remedies against third parties who have occasioned the loss. the ..... transferred to and vested in the insurer. the equitable assignment of the rights and remedies of the assured in favour of the insurer, implied in a contract of indemnity, known as 'subrogation', is based on two basic principles of equity: (a) no tort-feasor should escape liability for his wrong; (b) ..... , could file a complaint under the act, even after the insurer had settled its claim in regard to the loss.11. a contract of insurance is a contract of indemnity. the loss/damage to the goods covered by a policy of insurance, may be caused either due to an act for which the ..... no dispute that the doctrine of subrogation in insurance rests upon the common intention of the parties and gives effect to the principle of indemnity embodied in the contract. furthermore, your lordships drew attention to the fact that it is customary for the assured, on payment of the loss, to provide .....

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Jul 28 2010 (SC)

M/S Sumitomo Heavy Industries ... Vs. Oil and Natural Gas Company

Court : Supreme Court of India

Decided on : Jul-28-2010

..... be read strictly and narrowly. as far as this submission is concerned, one has to note that as per section 124 of the indian contract act, a contract of indemnity is one under which one party promises to save the other from loss caused to him by the conduct of the promisor or any other ..... person. thus in the present case, under clause 5.10.5 of the general conditions of contract, the appellant has given the indemnity to the respondent against all losses that the respondent may suffer out of the negligence of appellant or their sub-contractor. clause 17. ..... approach should be adopted while examining the scope and application of clause 17.3. the respondent submitted that this clause was in the nature of an indemnity and that it must be construed strictly and narrowly. this view is also accepted by the division bench. the division bench observed as follows:"the ..... ) harmless against all losses and claims, including such claims arising out of the negligence of the contractor or its subcontractors, and the particulars of this indemnity are specified in this clause.15. clause 5.11.3. lays down that the contractor shall observe and comply with and shall ensure that all his ..... to extra cost arising on account of change of law. it cannot be compared with indemnity for loss due to conduct of the promisor or of a third party.30. mr. tankha submitted that clauses in the contract have to be given a literal interpretation. he relied upon the judgments of this court .....

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May 05 2010 (FN)

Farstad Supply as (Appellant) Vs. Enviroco Limited and Another

Court : UK Supreme Court

Decided on : May-05-2010

..... the pursuer and the party from whom a contribution is sought which provides that party with a defence to the pursuer's claim or entitles him to an indemnity from the pursuer under the contract. difficulty has however been caused by lord president emslie's observation in singer v gray tool co (europe) ltd 1984 slt 149, 150, that section 3(2 ..... from or liabilities towards asco itself. again, that makes no sense of the language. 59) the language therefore operates as a series of indemnities against third party exposure combined with exclusions of direct exposure to the other contracting party. this is both what the heading of clause 33 and what common commercial sense would lead one to expect under a scheme clearly ..... . 33.7 immediately on execution of the charter, and prior to commencement of services, the owner undertakes to exchange mutual hold harmless indemnities in respect of property and personnel with the owner of any offshore installation providing services under contract to any customer and to which the vessel may be ordered by the charterer. 33.8 without prejudice to the provisions of ..... intended to divide risk between the contracting parties. it is unnecessary to consider the position on the unreal hypothesis that clause 33.5 operates as a pure indemnity, enabling farstad to make any claims or demands and to assert any liability it liked as against asco in respect .....

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May 06 2010 (SC)

United India Insurance Company Ltd. Vs. Kantika Colour Lab. and ors.

Court : Supreme Court of India

Decided on : May-06-2010

..... . even with in that limit, however, he cannot recover more than what he establishes to be the actual amount of his loss. the contract being one of indemnity only, he can recover the actual amount of his loss and no more, whatever may have been his estimate of what his loss would be likely to be, and ..... or in part so as to call any repair or replacement of the said machine.19. contracts of insurance are generally in the nature of contracts of indemnity. except in the case of contracts of life insurance, personal accident and sickness or contracts of contingency insurance, all other contracts of insurance entitle the assured for the reimbursement of actual loss that is proved to have been ..... stipulated in the policy; the event must, in fact, result in a pecuniary loss to the assured, who then becomes entitled to be indemnified subject to the limitations of his contract. he cannot recover more than the sum insured for that sum is all that he has stipulated for by his premiums and it fixes the maximum liability of the insurers ..... is only upon proof of the actual loss, that the assured can claim reimbursement of the loss to the extent it is established, not exceeding the amount stipulated in the contract of insurance which signifies the outer limit of the insurance company's liability. the amount mentioned in the policy does not signify that the insurance company guarantees payment of the .....

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Jul 21 2010 (FN)

Rts Flexible Systems Limited (Respondents) Vs. Molkerei Alois Mülle ...

Court : UK Supreme Court

Decided on : Jul-21-2010

..... those costs should however be reduced both in the court of appeal and in this court for the reasons stated above. in the court of appeal the no contract point, which rts raised and has now lost, plainly took up a significant amount of time. moreover, the fact that rts took and succeeded on that ..... , it seems appropriate to indicate what order the court would have made as to the costs at first instance on the basis of its conclusion there was a contract, essentially on mf/1 terms. subject to the three points, on this basis m ller's submissions have been rejected and rts' alternative case has been accepted ..... had to come to this court to displace the decision of the court of appeal and has succeeded in doing so. moreover rts persisted in advancing the no contract point in this court. both parties made part 36 offers at first instance. in the light of that fact, subject to three points, the judge decided ..... s judgment, rts' primary case has failed at each stage but its alternative case at each stage has succeeded. the result is that, although there was a contract, it was essentially on mf/1 terms and, importantly, was not on the limited terms identified by the judge and relied upon by m ller at each ..... in its judgment and has now concluded that nothing is to be gained by summarising in an order the documents which it has held form part of the contract. the position is fully explained in the judgment. if there are any loose ends they must be resolved by the trial judge. in particular, some of .....

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Jun 21 2010 (FN)

Rent-a-center, West, Inc. Vs. Jackson

Court : US Supreme Court

Decided on : Jun-21-2010

..... to delegate questions of arbitrability, and also those cases, such as prima paint , which address the severability of a presumptively valid arbitration agreement from a potentially invalid contract. the question of who decides? arbitrator or court animates both lines of cases, but they are driven by different concerns. in cases like first options , we ..... claim that the arbitration agreement is unconscionable undermines any suggestion that he clearly and unmistakably assented to submit questions of arbitrability to the arbitrator. see restatement (second) of contracts 208, comment d (1979) ( [g]ross inequality of bargaining power, together with terms unreasonably favorable to the stronger party, may confirm indications that the transaction ..... argument clearly did not go to the validity of the delegation provision. jackson s other two substantive unconscionability arguments assailed arbitration procedures called for by the contract the fee-splitting arrangement and the limitations on discovery procedures that were to be used during arbitration under both the agreement to arbitrate employment-related disputes and ..... . to be sure this case differs from prima paint , buckeye , and preston , in that the arbitration provisions sought to be enforced in those cases were contained in contracts unrelated to arbitration contracts for consulting services, see prima paint , supra , at 397, check-cashing services, see buckeye , supra , at 442, and personal management or talent agent services, .....

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Nov 03 2010 (FN)

Dallah Real Estate and Tourism Holding Company (Appellant) Vs. the Min ...

Court : UK Supreme Court

Decided on : Nov-03-2010

..... of any kind whatsoever between the trust and dallah .." the parties amended the icc model clause (which reads: "all disputes arising out of or in connection with the present contract shall be finally settled "), in order to specify "the trust" and "dallah". fifth, it was the trust which immediately following the termination letter of 19 january 1997, ..... and awarded the claimants $27m: 3 icsid rep 131 and 189. see also the westland case in the swiss courts, involving the application of an arbitration agreement in a contract between westland helicopters and the arab organisation for industrialisation to the organisation's member states: (1991) 16 yb comm arb 174; and lew, mistelis and kr ll, ..... international arbitration: lessons from thirty years of case law, in international arbitration 2006: back to basics? (2007, ed van den berg), p 341; park, non-signatories and international contracts: an arbitrator's dilemma, in multiple party actions in international arbitration (ed macmahon, permanent court of arbitration, 2009), p 1. the issue has arisen frequently in two contexts: the ..... ducler in kluwerarbitration, explaining the rationale of the paris court of appeal decisions as being to confine the restrictive provisions of article 2061 of the french civil code to internal contracts. he also referred to fouchard, gaillard, goldman's international commercial arbitration (1999) (kluwer), para 440, describing as 'somewhat unfortunate' the terminology used in (french) decisions referring .....

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Oct 20 2010 (FN)

Radmacher (Formerly Granatino) (Respondent) Vs. Granatino (Appellant)

Court : UK Supreme Court

Decided on : Oct-20-2010

..... proceedings. an enforceable contractual obligation was therefore usually a great advantage for the wife. there is nothing to stop a husband and wife from making legally binding arrangements, whether by contract or settlement, to regulate their property and affairs while they are still together (type (a) agreements). these days, the commonest example of this is an agreement to share ..... is right. this is a complicated subject upon which there is a large literature and knowledgeable and thoughtful people may legitimately hold differing views. some may regard freedom of contract as the prevailing principle in all circumstances; others may regard that as a 19th century concept which has since been severely modified, particularly in the case of continuing relationships ..... law clause. we have already explained why we do not consider it material in english ancillary relief proceedings whether the nuptial agreement under consideration is or is not a contract. the court can overrule the agreement of the parties, whether contractual or not, and applies the same criteria when considering whether to do so. when dealing with agreements ..... some of the cases in the matrimonial courts seems to suggest that at times they are still looked at askance and enforced grudgingly. but there is no caste in contracts. agreements for separation are formed, construed and dissolved and to be enforced on precisely the same principles as any respectable commercial agreement, of whose nature indeed they sometimes .....

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Mar 10 2010 (FN)

Rts Flexible Systems Ltd Vs. Molkerei Alois Muller Gmbh and Company Kg ...

Court : UK Supreme Court

Decided on : Mar-10-2010

..... er 504, to which the judge was not referred but which was relied upon in and by the court of appeal. 48. these principles apply to all contracts, including both sales contracts and construction contracts, and are clearly stated in pagnan spa v feed products ltd [1987] 2 lloyd's rep 601, both by bingham j at first instance and by the ..... , by acting on such a request in such circumstances, the [seller] were to assume an unlimited liability for his contractual performance, when he would never assume such liability under any contract which he entered into." (waller lj rightly put 'seller' in parenthesis since, although the report reads 'buyer', robert goff j must have meant 'seller'.) 53. in that passage robert ..... judge summarised at para 67. this was because it was the parties' intention that detailed terms negotiated by them would not have contractual effect until the relevant documentation, namely the contract and the schedules, was formally executed and signed. that that was so appeared from: "a) the letter of intent which referred to the full terms and the relevant technical ..... the form of clauses 8 to 48, schedule 1 included detailed provisions on all the topics one might expect, including equipment and services to be provided, purchaser's obligations, the contract price, payment, warranties, guarantees, representation and management, inspection and testing, completion, delay, defects liability, limitations of liability, force majeure and the like. in the course of argument we were .....

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Jan 27 2010 (FN)

Hm Treasury Vs. Ahmed and Others

Court : UK Supreme Court

Decided on : Jan-27-2010

..... section 1(1) of the united nations act 1946 contemplates that orders in council implementing security council resolutions under chapter vii may interfere with individual persons' rights to enter into contracts or to deal with or dispose of their business. the limitations imposed by the al-qaida order on g's and hay's rights to use their property and on ..... effective, require to be accompanied by prohibitions and sanctions addressed to domestic individuals or entities, and impacting, therefore, on rights or freedoms that they would otherwise have - particularly to make contracts and deal with or dispose of property. this might be the case either because the security council resolution expressly so required, or because its effective domestic application appeared to the ..... , as noted at para 122 above, that the convention has to be interpreted in the light of any relevant rules and principles of international law applicable in relations between its contracting parties. the court has therefore had regard to two complementary provisions of the charter, articles 25 and 103, as interpreted by the international court of justice (see para 27 above ..... of which can be authoritatively expounded only by the strasbourg court. it must be for the strasbourg court to provide the authoritative guidance that is needed so that all the contracting states can adopt a uniform position about the extent to which, if at all, the convention rights or any of them can be held to prevail over their obligations under .....

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