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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 (0.103 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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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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Jun 24 2010 (FN)

Skilling Vs. United States

Court : US Supreme Court

Decided on : Jun-24-2010

..... not been deceived, provided the enrichment. for example, if a city mayor (the offender) accepted a bribe from a third party in exchange for awarding that party a city contract, yet the contract terms were the same as any that could have been negotiated at arm s length, the city (the betrayed party) would suffer no tangible loss. cf. mcnally , 483 u ..... statute for the forfeiture of obscene imported materials had to be commenced and completed. that is not much different from reading in a reasonable-time requirement for obligations undertaken in contracts, and can hardly be described as a rewriting or paring down of the statute. the court relied on legislative history anticipating that the proceedings would be prompt, id. , at 370 ..... fundamental indeterminacy: the character of the fiduciary capacity to which the bribery and kickback restriction applies. does it apply only to public officials? or in addition to private individuals who contract with the public? or to everyone, including the corporate officer here? the pre- mcnally case law does not provide an answer. thus, even with the bribery and kickback limitation the ..... , 360. this was no mere failure to disclose a conflict of interest; rather, the official conspired with a third party so that both would profit from wealth generated by public contracts. see id. , at 352 353. reading 1346 to proscribe bribes and kickbacks and nothing more satisfies congress undoubted aim to reverse mcnally on its facts. nor are we persuaded that .....

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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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Apr 21 2010 (FN)

Stolt-nielsen S. A. Vs. Animalfeeds Int’l Corp.

Court : US Supreme Court

Decided on : Apr-21-2010

..... to extract supracompetitive prices from their customers (buyers of ocean-transportation services). that court action terminated when the second circuit held, first, that the parties transactions were governed by contracts (charter parties) with enforceable arbitration clauses, and second, that the antitrust claims were arbitrable. jlm industries, inc. v. stolt-nielsen s. a. , 387 f. 3d ..... . 3d 269, 275 (ca7 1995). unlike the subsequent arbitration awards that the arbitrators cited, these decisions were available to the parties when they entered into their contracts. footnote 6 petitioners produced expert evidence from experienced maritime arbitrators demonstrating that it is customary in the shipping business for parties to resolve their disputes through bilateral arbitration. ..... that had an arbitration clause that did not expressly mention class arbitration. the plurality decided only the question whether the court or arbitrator should decide whether the contracts were silent on the class arbitration issue, concluding that it was the arbitrator. justice stevens opinion bypassed that question, resting instead on his resolution of ..... that are separately chartered to customers, such as respondent (animalfeeds), who wish to ship liquids in small quantities. animalfeeds ships its goods pursuant to a standard contract known in the maritime trade as a charter party. the charter party that animalfeeds uses contains an arbitration clause. animalfeeds brought a class action antitrust suit .....

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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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