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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 2012 Page 1 of about 89 results (0.078 seconds)

May 02 2012 (FN)

S.A. Petroleo Brasileiro Vs. E.N.E. Kos 1 Limited

Court : UK Supreme Court

Decided on : May-02-2012

..... is an unconvincing basis for a conclusion that the search is for the proximate cause. as i see it, the question in each case, whether under a contract of insurance or under a contract of indemnity, is whether an effective cause of the alleged loss or expense was a peril insured against or an indemnifying event. by reference to devlin j's citation ..... , if the owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those bill of lading contracts could engage the indemnity under clause 13. lord mance further recognises (to my mind correctly) that if owners were left with no practical option but to carry the cargo to its destination ..... owners were bound to third parties by bills of lading which charterers had required them to issue, the continuation of the voyage under those separate bill of lading contracts could engage the time charter indemnity, and could (despite lord denning mr's contrary dictum on appeal in the tropwind [1982] 1 lloyd's rep 232, 237) lead to charterers having to pay ..... not consider this last contention, for i think it is clear that clause 9 is concerned with the proximate cause. it is a contract of indemnity, and i can see no reason for treating it differently from any other contract of insurance. the observations of lord shaw in the ikaria [1918] ac 350, 368 and the dicta he there cites are also in .....

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Nov 20 2012 (SC)

National Insurance Company Ltd. Vs. Balakrishnan and ors.

Court : Supreme Court of India

Decided on : Nov-20-2012

..... capacity as a regional manger of the owner-company and the vehicle was being driven by the driver. this court observed that a contract of insurance is ordinarily a contract of indemnity and when a car belonging to an owner is insured with the insurance company and it is being driven by a driver employed ..... pertaining to enforcement of its decision to cover the liability of an occupant in a vehicle in a "comprehensive/package policy" regard being had to the contract of insurance.17. at this stage, it is apposite to note that when the decision in bhagyalakshmi (supra) was rendered, a decision of high court ..... decision in regard to coverage of third-party risk which would include all persons including occupants of the vehicle and the insurer having entered into a contract of insurance in relation thereto, we are of the opinion that the matter may require a deeper scrutiny."on a perusal of the aforesaid paragraph, ..... on a scooter would be a third party within the meaning of section 147 of the act, after referring to number of authorities, stated thus:-"the contract of insurance did not cover the owner of the vehicle, certainly not the pillion-rider. the deceased was travelling as a passenger, stricto sensu may ..... the owner of the vehicle or as an employee, he is not covered by the insurance policy taken in terms of the actwithout any special contractsince there is no award under the workmen's compensation act that is required to be satisfied by the insurer. in these circumstances, we hold .....

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Mar 28 2012 (FN)

Trigger - Bai (Run Off) Limited (In Scheme of Arrangement) (Appellant) ...

Court : UK Supreme Court

Decided on : Mar-28-2012

..... during the currency of this policy". the latter promised indemnity against all sums "which the insured may become liable to pay to any employee . in respect of any claim ..... compulsory, the independent wording also contained the further provision ("the elcia extension provision"): "avoidance of certain terms and right of recovery the indemnity granted by section 1 of this policy is deemed to be in accordance with the provisions of any law relating to compulsory insurance of liability ..... of his employment by the insured in connection with the contract specified or type of work described in the schedule". 9. the third mmi policy and the bai policies were in more developed form. the former promises indemnity in respect of legal liability for sums payable as compensation for ..... for injury sustained or disease contracted by such employee" during the period of insurance or any renewal. 10. the insurers ..... bodily injury or disease (including death resulting from such bodily injury or disease) "suffered" by any employee "when such injury or disease arises out of and in the course of employment by the insured and is sustained or contracted .....

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Nov 07 2012 (FN)

Morris Vs. Rae (Scotland)

Court : UK Supreme Court

Decided on : Nov-07-2012

..... title which existed when the disposition was delivered. like other contractual terms, the warrandice clause creates a personal obligation. the obligation is one of indemnity: the seller is obliged to indemnify the purchaser in respect of any loss which he may suffer. the obligation continues until the possibility of adverse ..... in this court until the rescinding order was actually pronounced. all that actually stood between them and reinstatement in the benefits of the builders' contract was the pronouncement of this order which the sub-assignees were moving the english court to make, and which, if the above stated hypothesis is ..... to recover the amount which he paid from the seller. pothier also states at para 95 (as translated by l s cushing, pothier's treatises on contracts, boston, 1839, vol 1, p 55): "an abandonment of the thing sold by the buyer, though without sentence [ie without a judicial decision], ..... has enjoyed uninterrupted possession for the prescriptive period that the obligation continues for that period. 35. this approach to the obligations arising under a contract of sale can be traced back to roman law, under which the primary obligation of the seller was to deliver possession of the property sold ..... to obtain one. 19. as bell refers in support of his description of the obligation in section 121 to pothier's treatise on the contract of sale (translated 1839), it is perhaps worth noting that in para 83 pothier observes that the term eviction is applied in practice both .....

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Aug 17 2012 (FN)

Servaas Incorporated Vs. Rafidian Bank and Others

Court : UK Supreme Court

Decided on : Aug-17-2012

..... purpose of meeting the expenditure incurred in the day-to-day running of the diplomatic mission of a foreign state. such expenditure will, no doubt, include some moneys due under contracts for the supply of goods or services to the mission, to meet which the mission will draw upon its current bank account; but the account will also be drawn upon ..... 3(3)(b) of the act. discussion 11. it is not in dispute that the judgment which servaas seeks to enforce arises from the agreement, that it is a commercial contract and that iraq is liable for the debts of the ministry. nor is it in dispute that, although incorporated in iraq and state controlled, rafidain conducted business as a commercial ..... activities as are mentioned in section 3(3) above; " section 3(3) defines "commercial transaction" as meaning: "(a) any contract for the supply of goods or services; (b) any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; and (c) any other transaction or activity ..... which takes one back to the comprehensive definition of 'commercial transaction' in section 3(3). paragraph (a) of this tripartite definition refers to any contract for the supply of goods or services, without making any exception for contracts in either of these two classes that are entered into for purposes of enabling a foreign state to do things in the exercise of .....

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Jun 28 2012 (FN)

National Federation of Independent Business Vs. Sebelius

Court : US Supreme Court

Decided on : Jun-28-2012

..... reform law, 25 j. health pol. pol y & l. 71, 91 92 (2000) (guaranteed-issue and community-rating laws resulted in a dramatic exodus of indemnity insurers from new york s individual [insurance] market. ); brief for barry friedman et al. as amici curiae in no. 11 398, p. 17 ( in ..... to persons newly eligible under the aca. see 1396a(k). 21 the chief justice observes that spending clause legislation[i]s much in the nature of a contract. ante, at 46 (internal quotation marks omitted). see also post, at 33 (joint opinion of scalia, kennedy, thomas, and alito, jj.) (same ..... ) ). the legitimacy of congress s exercise of the spending power thus rests on whether the state voluntarily and knowingly accepts the terms of the contract. pennhurst, supra, at 17. respecting this limitation is critical to ensuring that spending clause legislation does not undermine the status of the states as independent ..... s power under the spending clause to secure state compliance with federal objectives. we have repeatedly characterized . . . spending clause legislation as much in the nature of a contract. barnes v. gorman, 536 u. s. 181, 186 (2002) (quoting pennhurst state school and hospital v. halderman, 451 u. s. 1, 17 (1981 ..... contractual relationship. see barnes v. gorman, 536 u. s. 181, 186 (2002) ; pennhurst, 451 u. s., at 17. and just as a contract is voidable if coerced, [t]he legitimacy of congress power to legislate under the spending power . . . rests on whether the state voluntarily and knowingly accepts .....

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Feb 08 2012 (FN)

Ravat (Respondent) Vs. Halliburton Manufacturing and Services Ltd (App ...

Court : UK Supreme Court

Decided on : Feb-08-2012

..... the previous legislation, by which it was declared that the right not to be unfairly dismissed did not apply to any employment where under his contract of employment the employee ordinarily worked outside great britain, have been removed. it is not for the courts to lay down a series of ..... the principles identified by lord hoffmann, to which principles i have already referred. it also took account of the proper law of the parties' contract and the reassurances given to the claimant by the respondents about the availability to him of uk employment law, neither of which was relevant." ..... as a very special combination of factors on which that conclusion depended. they included the fact that the teachers and the wives were employed under contracts governed by english law, which she said must be relevant to the expectation of each party as to the protection which the employees would ..... 22 of the industrial relations act 1971, was that the right not to be unfairly dismissed did not apply to an employment where under his contract of employment the employee "ordinarily works outside great britain". the solution that was adopted in the application of that formula to peripatetic employees was ..... that act provides that "employee" means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment. neither of these provisions contains any geographical limitation. nor is any such limitation to be found anywhere else in the act. as lord .....

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Jan 10 2012 (FN)

Compucredit Corp. Vs. Greenwood

Court : US Supreme Court

Decided on : Jan-10-2012

..... congress direction must prevail over compucredit s opposing declaration. accordingly, i would affirm the judgment of the court of appeals for the ninth circuit. notes 1 the contract signed by cardholders did not itself require arbitration. rather, it incorporated by reference an enclosed insert providing that all disputes would be resolved by arbitration at the discretion ..... , along with attorneys fees, plaintiffs requested class certification. in the district court and court of appeals, they successfully resisted compucredit s motion to compel arbitration pursuant to a form contract that barred class proceedings. [ 1 ] this court, however, interprets the croa to permit compucredit s demand that plaintiffs proceed, if at all, before an arbitrator. [ ..... congress sought to arm consumers with information needed to make intelligent decisions about purchasing a repair organization s services. to that end, congress directed that, before [execution of] any contract . . . between [a] consumer and [a] credit repair organization, the organization must make certain disclosures. one of the required disclosures reads: you have a right to ..... it is so ordered. appendix section 1679c provides: (a)?disclosure required any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed: consumer credit file rights under state and federal law you have a right to dispute .....

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Dec 19 2012 (FN)

Geys Vs. Societe Generale, London Branch

Court : UK Supreme Court

Decided on : Dec-19-2012

..... of the scheme with the "ordinary case of master and servant" in which so he proposed - "the repudiation or the wrongful dismissal puts an end to the contract, and the contract having been wrongfully put an end to a claim for damages arises". in the house of lords viscount kilmuir lc, said, at p 500: "this is an entirely ..... performed or specifically enforced. 117. the rationale for all this is closely connected with the reasons for the law's reluctance to grant specific performance of certain kinds of contract. specific performance, like any equitable remedy, is discretionary, but in the present context the discretion is largely determined by well established principles. these have always been influenced by ..... be the rationale for treating other fundamental breaches (namely purported dismissals and resignations) differently? why should wrongful actions more clearly designed to strike at the continuation of the contract be crowned with that significant degree of legal success? as cabrelli and zahn suggest in their article entitled the elective and automatic theories of termination at common law: resolving ..... south west hampshire health authority [1985] icr 590, 598, the vice-chancellor's analysis was powerfully reasoned. there it was the employee who, following various breaches of contract on his part, wrongfully repudiated it by purported resignation half way through its fixed term. the employer sought interlocutory injunctions that he should neither solicit its customers nor use .....

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May 30 2012 (FN)

Assange Vs. the Swedish Prosecution Authority

Court : UK Supreme Court

Decided on : May-30-2012

..... particular, to identify those who, under the operation of that convention, were responsible for the antecedent process. the 1957 convention 26. article 1 of the 1957 convention provided that the contracting parties undertook to surrender to each other, subject to the provisions of the convention, all persons against whom the "competent authorities" of the requesting party were proceeding for an offence ..... definition of "judicial authority" in the framework decision, the expression should be construed in accordance with established eu law norms. she argues as follows. all eu member states are high contracting parties to the european convention on human rights (echr") and it is a fundamental norm of eu law that eu measures should not be construed in a manner which is .....

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