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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2011 Page 1 of about 100 results (0.058 seconds)

Feb 01 2011 (FN)

Global Process Systems Inc and Another (Respondents) Vs. Syarikat Taka ...

Court : UK Supreme Court

Decided on : Feb-01-2011

..... "went to sea without being fit to encounter the ordinary risks of going to sea, not the extraordinary risks of storms", that a policy of insurance was "only a contract of indemnity against risks which could not be foreseen, or by ordinary care be provided against" and that there was on this basis no loss by perils of the sea: pp 289 ..... take place in the ordinary course of things": paterson v harris (1861) 1 b and s 336, 353, per cockburn cj. the purpose of the policy is to secure an indemnity against accidents which may happen, not against events which must happen: thomas wilson sons and co v owners of the cargo per the xantho (1887) 12 app cas 503, 509 ..... were exceptional, unforeseen or unforeseeable, and not otherwise. this, it was submitted, would go far to frustrate the very purpose of all risks cargo insurance, which is to provide an indemnity in respect of loss or damage caused by, among other things, all perils of the seas. 36. blair j rejected this submission on the grounds that the real question was ..... the natural behaviour of the goods is such that they suffer a loss in the circumstances in which they are expected to be carried. this is the test under a contract of affreightment and the shipowner in this case could have pleaded inherent vice in answer to a claim for damage to the cargo. in holding that inherent vice is only .....

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Oct 13 2011 (SC)

United India Insurance Co. Ltd. Vs. Shila Datta and ors.

Court : Supreme Court of India

Decided on : Oct-13-2011

Reported in : 2011(4)KLT378; 2011(4)KLJ580; 2011(10)SCC509; 2011(8)MLJ743; 2012(1)LW30; 2011(2)TNMAC481; 2012(1)SCC(Cri)328; AIR2011SCW6541; 2012(2)SCJ162; AIR2012SC86

..... claim, in regard to the quantum. all that section 149(2) says is that insurer cannot raise all kinds of contentions based on the terms of policy to avoid the contract of indemnity. but it does not require the insurer to concede wrong claims or false claims or not challenge erroneous determination of compensation. 18. let us take by way of example ..... case the appellant is not seeking to avoid its liability but wants a determination of the extent of its liability which is to be determined, in the absence of any contract to the contrary, in accordance with the statutory provision contained in this behalf in clause (b) of sub-section (2) of section 95 of the act...the assumption that as ..... , being one of the following conditions, namely:--(i) a condition excluding the use of the vehicle--(a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b) for organized racing and speed testing, or(c) for a purpose not allowed .....

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Feb 09 2011 (FN)

Brent London Borough Council and Others (Harrow London Borough Council ...

Court : UK Supreme Court

Decided on : Feb-09-2011

..... to the main objects of the company. the expression "participating member" meant any london borough that subscribed to the memorandum and articles of association and had received an indemnity from laml. by definition they were all public authorities. for the purposes of the memorandum "affiliates" comprised various persons or bodies associated with a participating member in respect ..... act 1972. they give effect to council directive 2004/18/ec of 31 march 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (oj 2004 l134, p 114). the broad object of directive 2004/18/ec, and of the regulations that give effect to it, is to ..... of other public authorities, such as an inter-municipal cooperative society. 48. such a result, however, would not be consistent with community rules on public procurement and concession contracts. indeed, a public authority has the possibility of performing the public interest tasks conferred on it by using its own administrative, technical and other resources, without being obliged ..... field of public procurement [is] the free movement of services and the opening-up to undistorted competition in all the member states. that involves an obligation on all contracting authorities to apply the relevant community rules where the conditions for such application are satisfied": stadt halle v arbeitsgemeinschaft thermische restabfall-und energieverwertungsanlage trea leuna (case c-23/03 .....

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Jul 27 2011 (FN)

Belmont Park Investments Pty Limited (Respondent) Vs. Bny Corporate Tr ...

Court : UK Supreme Court

Decided on : Jul-27-2011

..... applied. this decision was distinguished in folgate london market ltd v chaucer insurance plc [2011] ewca civ 328, where there was a contractual provision for a right of indemnity to be terminated in the event of liquidation: it was a naked attempt to provide that the obligation to pay was to be extinguished if payment would be available for ..... the parties' submissions have focused on the difference in priorities in relation to the collateral between the situations of swap counterparty priority and noteholder priority. as a matter of contract, as patten lj noted, lbsf retained the right to recover any unwind costs payable to it in either situation. but the priority accorded to this right, as against ..... the two principles are conceptually distinct, they are quite closely allied. british eagle addresses what happens in bankruptcy. an anti-deprivation principle addresses what happens on bankruptcy. if contracting out of the statutory rule requiring pari passu distribution in bankruptcy is impermissible, it would be surprising if there were no concurrent principle capable of invalidating certain dispositions which, by ..... additional advantage" can be obtained by lawful charges between debtor and creditor and by subordination agreements between creditors, and the same applies to what lord cross of chelsea said about "contracting out" generally. the reference, therefore, by james lj to a "different distribution of his effects in the event of bankruptcy from that which the law provides" is an .....

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Jan 19 2011 (FN)

R (on the Application of Coke-wallis) (Appellant) Vs. Institute of Cha ...

Court : UK Supreme Court

Decided on : Jan-19-2011

..... this appeal. i add a few words because it seems to me that the house of lords decision in workington harbour and dock board v trade indemnity co ltd (no 2) [1938] 2 all er 101 provides particularly illuminating support for the appellant's case. in that case, the defendant contractor ..... defective. the plaintiff then brought a second action in which it sought to prove its claim for damages for breach of the construction contract without recourse to the engineers' certificate. this claim was dismissed on the grounds of res judicata. as lord atkin said at p 106d, the ..... certificate as conclusive evidence of all the defendant's breaches of the construction contract as well as the amount of damages that it was liable to pay. this claim was dismissed on the grounds that the certificate was technically ..... first action, it relied on an engineers' certificate showing that the defendant owed it 78,000 which it had failed to pay. the construction contract provided that any certificate of the engineers should be final and binding on the contractor. thus in the first action the plaintiff relied on the ..... bond. the plaintiffs brought a second action relying, not upon the certificate, but upon the underlying facts, which they said amounted to breaches of the contract and thus triggered liability under the bond. the action failed on the basis of res judicata. lord atkin described the position concisely at pp 105-106 .....

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Nov 09 2011 (FN)

Berrisford (Fc) (Appellant) Vs. Mexfield Housing Co-operative Limited ...

Court : UK Supreme Court

Decided on : Nov-09-2011

..... creates rights and obligations between the parties, so that in an appropriate case ms berrisford could in principle obtain an injunction against mexfield for a threatened breach of contract. in the meantime the contract remains on foot. 111. on the question whether there is a valid tenancy between the parties, with some misgiving i shall assume that mr wonnacott's concession ..... terminate and the consequent absence of an essential characteristic of a tenancy). 104. like lord neuberger (para 65), i reserve my view on the position upon the hypothesis of a contract constituting a tenancy, but which was both subject to provisions restricting termination for an uncertain period and not capable of being treated as a tenancy for life at common law ..... nonetheless gave rise to a binding personal contract between mexfield and ms berrisford, which ms berrisford is entitled to enforce against mexfield so long as it owns the premises, or (ii) if the agreement created a periodic tenancy ..... clause 6. in those circumstances, it follows that ms berrisford retains her tenancy of the premises and that mexfield is not entitled to possession. ms berrisford's alternative case in contract 58. this conclusion renders it unnecessary to consider two alternative arguments, which were raised by mr wonnacott, namely that (i) if the agreement did not create a tenancy, it .....

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May 31 2011 (FN)

Board of Trustees of Leland Stanford Junior Univ. Vs. Roche Molecular ...

Court : US Supreme Court

Decided on : May-31-2011

..... order 10096, which governs federal government employee-to-employer patent right assignments. post, at 9. lest there be any doubt, employees of nonfederal entities that have federal funding contracts like holodniy are not federal employees. and there is no equivalent executive order governing invention rights with respect to federally funded research; that issue is of course addressed by the ..... to obtain those rights. see id. , at 187 ( the respective rights and obligations of employer and employee, touching an invention conceived by the latter, spring from the contract of employment ). b stanford and the united states as amicus curiae contend that the bayh-dole act reorders the normal priority of rights in an invention when the invention is ..... , at 1117, 1119. the court concluded that the bayh-dole act provides that the individual inventor may obtain title to a federally funded invention only after the government and the contracting party have declined to do so. id. , at 1118. the court of appeals for the federal circuit disagreed. first, the court concluded that holodniy s initial agreement with ..... inventor s employer the federal contractor. congress has in the past divested inventors of their rights in inventions by providing unambiguously that inventions created pursuant to certain specified federal contracts become the government s property. such unambiguous language is notably absent from the bayh-dole act. instead, the act provides that contractors may elect to retain title to .....

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Dec 14 2011 (FN)

Edwards (Respondent) Vs. Chesterfield Royal Hospital Nhs Foundation Tr ...

Court : UK Supreme Court

Decided on : Dec-14-2011

..... to avoid unfair dismissal, so the answer to it depends upon the existence of a statutory scheme providing remedies for unfair dismissal. 94. employers and employees when contracting, in particular when introducing prescribed disciplinary procedures, must be taken to have in mind the statutory scheme relating to unfair dismissal, and to contemplate that scheme as ..... para 38 observes that disciplinary procedures incorporated into an employment contract are not ordinary contractual terms. at para 39 he concludes that it is necessarily to be inferred from the statutory background that, unless the parties otherwise expressly ..... critical passage from the speech of lord hoffmann in johnson. he then expands on the parliamentary history of the requirement that disciplinary procedures should be incorporated in contracts of employment. he demonstrates that parliament also provided that failure to comply with those procedures should have specific consequences in unfair dismissal proceedings. lord dyson at ..... representation before the employment tribunal itself. litigation costs before the employment tribunal and the employment appeal tribunal 65. mr reynold submits that, but for the breaches of contract, the costs of legal representation before the employment tribunal and the employment appeal tribunal would not have been incurred. mr botham is, therefore, entitled to recover .....

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Apr 04 2011 (FN)

Atandt; Mobility Llc Vs. Concepcion

Court : US Supreme Court

Decided on : Apr-04-2011

..... , the relevant comparison is not arbitration with arbitration but a comparison between class arbitration and judicial class actions. after all, in respect to the relevant set of contracts, the discover bank rule similarly and equally sets aside clauses that forbid class procedures whether arbitration procedures or ordinary judicial procedures are at issue. why would a typical ..... a stray witness in committee hearings that contemplates the existence of class arbitration. footnote 6 of course states remain free to take steps addressing the concerns that attend contracts of adhesion for example, requiring class-action-waiver provisions in adhesive arbitration agreements to be highlighted. such steps cannot, however, conflict with the faa or frustrate its ..... advertising and fraud by charging sales tax on phones it advertised as free. in march 2008, at&t; moved to compel arbitration under the terms of its contract with the concepcions. the concepcions opposed the motion, contending that the ar-bitration agreement was unconscionable and unlawfully exculpatory under california law because it disallowed classwide procedures. ..... had engaged in false advertising and fraud by charging sales tax on free phones. the district court denied at&t; s motion to compel arbitration under the concepcions contract. relying on the california supreme court s discover bank decision, it found the arbitration provision unconscionable because it disallowed classwide proceedings. the ninth circuit agreed that the .....

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Oct 12 2011 (FN)

Axa General Insurance Limited and Others (Appellants) Vs. the Lord Adv ...

Court : UK Supreme Court

Decided on : Oct-12-2011

..... section 4(2), by requiring sections 1 and 2 to be treated "for all purposes" as having always had effect, is also liable to affect the interpretation of contracts, including contracts of insurance, entered into before sections 1 and 2 came into force. finally, it is relevant to note section 4(3), which excludes from the effect of sections ..... the test was not satisfied. he accepted that the expectation was that, where an insured interest was involved, the insurer would respond and provide the employer with the indemnity. but the effect of the act was indirect. the contractual relationship between the employer and the insurer was quite separate from that between the employer and his employee. ..... proportionality requires careful consideration of the particular facts. considering the specific circumstances of this case, one aspect of importance is that, at the time when insurers entered into contracts of the type which are affected by this legislation, it could not have been predicted with confidence whether asymptomatic pleural plaques and other analogous conditions would be treated by ..... areas associated with scotland's industrial past, people with pleural plaques are living alongside friends who worked beside them and are witnessing the terrible suffering of those who have contracted serious asbestos-related conditions, including mesothelioma. this causes them terrible anxiety that they will suffer the same fate. the scottish government believes that people who have negligently been .....

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