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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1983 Page 1 of about 89 results (0.054 seconds)

Feb 23 1983 (FN)

Lockheed Aircraft Corp Vs. United States

Court : US Supreme Court

Decided on : Feb-23-1983

..... emergency, and the air national guard pilot was permanently injured. the pilot sued stencel, the manufacturer of the ejection system, for negligence. stencel cross-claimed against the united states for indemnity. its claim, like lockheed's claim in this case, was that it was, at most, passively negligent, while the government's active negligence caused the injuries. both claims ..... "relied on the existence of a contractual relationship between the [third-party] shipowner and the employer." ante at 350 u. s. 196 . the holding of ryan is that a contract that provides for employer liability, like the divided damages rule, is a sufficiently compelling basis of liability to overcome the limitation of liability principle. [ footnote 2/3 ] the parties seek ..... no underlying tort liability on the government's part toward the employee, there was no basis for indemnification. we note that the decision whether or not to allow third-party indemnity actions is a problem common to all workers' compensation systems. professor larson has described this issue as "[p]erhaps the most evenly balanced controversy in all of workers' ..... any other person otherwise entitled to recover damages from the united states . . . because of the injury or death. . . ." the district court, concluding that 8116(c) did not bar the indemnity claim, granted summary judgment for lockheed. on appeal, the united states court of appeals for the district of columbia circuit reversed. thomas v. lockheed aircraft corp., 215 u.s.app .....

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Feb 23 1983 (FN)

Cone Mem. Hosp. Vs. Mercury Constr. Corp.

Court : US Supreme Court

Decided on : Feb-23-1983

..... seeking a declaratory judgment that there was no right to arbitration, that petitioner was not liable to respondent, and that, if it was liable it would be entitled to indemnity from the architect. a few days later, petitioner obtained an ex parte injunction from the state court forbidding respondent to take any steps toward arbitration, but when respondent objected ..... not contest the existence of this agreement, although it asserts that the architect lacked authority to agree to a delay in presentation of claims or to entertain claims after the contract work was completed. in january, 1980, mercury submitted to the architect its claims for delay and impact costs. mercury and the architect discussed the claims over several months ..... award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof." app. 29-30. the contract also specified the time limits for arbitration demands. [ footnote 2 ] construction on the project began in july, 1975. performance was to be completed by october, 1979. [ footnote 3 ..... and oversee the construction project. disputes decided by the architect or not decided within a specified time could be submitted to binding arbitration under an arbitration clause in the contract. subsequently, during construction, respondent submitted claims to the architect for extended overhead or increase in construction costs due to petitioner's delay or inaction. but the claims were .....

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Dec 16 1983 (SC)

Hindustan Aeronautics Ltd. Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Dec-16-1983

Reported in : AIR1984SC744; (1984)1CompLJ157(SC); 1983(2)SCALE1090; (1984)1SCC706; [1984]2SCR248; [1984]55STC314(SC); 1984(16)LC789(SC); AIR1984SCC744

..... present transaction, for the manufacture and supply of railway coaches, and the indemnity bond in respect of the contract. it was held by this court that the answer to the question whether a contract is a works contract or a contract of sale depends upon the construction of the terms of the contract in the light of surrounding circumstances. it was held that when all the ..... inflexible rule applicable alike to all transactions. these did not give any magic formula by the application of which one could say in every case whether a contract was a contract for sale or a contract for work and labour these merely focused on one or the other aspect of the transaction and afforded some guidance in determining the question, but basically and ..... mentioned in clause 6 of the agreement. the other incidental provisions of clause 6 are not relevant for the controversy in question. clause 7 of the 1951 agreement dealt with indemnity for loss or damage which is not relevant for our purposes. clause 8 dealt with light to cancel the agreement, clauses 9 and 10 provided for 'inspection'. clause 11 prohibited ..... that whether the wheelsets and underframes were supplied free of cost or not made no essential difference. the material and wage escalator and adjustments regarding final price mentioned in the contract were neutral factors. the facts which should be emphasised in transactions in question with which we are concerned, that the transactions related to the entrustment of the maintenance of the .....

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Jul 22 1983 (SC)

N.R. Srinivasa Iyer Vs. New India Assurance Co. Ltd., Madras and ors.

Court : Supreme Court of India

Decided on : Jul-22-1983

Reported in : AIR1983SC899; [1983]54CompCas711(SC); (1983)2CompLJ309(SC); 1983(2)SCALE44; (1983)3SCC458; [1983]3SCR479

..... bailee of the motor car in question.13. the first condition which is the usual condition in such a n contract is that the contract of insurance is a contract of indemnity and the insurer undertake to indemnify the insurer against loss of or damage to the motor car and/or its ..... goods are discharged from the vessel, they shall be at their own risk and expense; such discharge shall constitute complete delivery and performance under this contract and the shipowners shall be freed from any further responsibility'. the defendants unloaded the two cases from the vessel. when the plaintiff sought to take ..... amount which was settled as the charges for carrying out all the repairers. at this stage high court overlooked another important condition of the contract of insurance which has been extracted hereinabove. the insurer may at its own option either can repair, reinstate or replace the motor car, ..... when the plaintiff's son soon after the accident took the damaged car to the nearest repairer, the plaintiff was discharging an obligation under the contract of insurance, for and on behalf of the insured because he could have legitimately claimed the cost of removal not exceeding rs. 150 from ..... would under similar circumstances take of his property of the same quality and value as the motor car bailed. this last submission alleging a contract of bailment is seriously disputed by the respondent-insurance company.3. the insurer contested the claim, inter alia, contending that the suit is not .....

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Nov 29 1983 (FN)

Batf Vs. Flra

Court : US Supreme Court

Decided on : Nov-29-1983

batf v. flra - 464 u.s. 89 (1983) u.s. supreme court batf v. flra, 464 u.s. 89 (1983) bureau of alcohol, tobacco and firearms v. federal labor relations authority no. 82-799 argued october 11, 1983 decided november 29, 1983 464 u.s. 89 certiorari to the united states court of appeals for the ninth circuit syllabus the civil service reform act of 1978 (act) in 5 u.s.c. 7131(a) (1982 ed.) requires federal agencies to grant to employees representing their union in collective bargaining with the agencies "official time . . . during the time the employee otherwise would be in a duty status." this allows the employee negotiators to be paid as if they were at work, whenever they bargain during hours when they would otherwise be on duty. the federal labor relations authority (flra), in an "interpretation and guidance" of general applicability, construed 7131(a)'s grant of official time as also entitling employee negotiators to a per diem allowance and reimbursement for travel expenses incurred in connection with collective bargaining. in this case, the court of appeals enforced an flra order requiring petitioner federal agency to pay an employee union representative per diem and travel expenses in addition to his salary, finding the flra's interpretation of the statute "reasonably defensible." held: the flra's interpretation of 7131(a) constitutes an "unauthorized assumption by [the] agency of [a] major policy decisio[n] properly made by congress," american ship building co. v. nlrb .....

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Nov 07 1983 (FN)

Maggio Vs. Williams

Court : US Supreme Court

Decided on : Nov-07-1983

maggio v. williams - 464 u.s. 46 (1983) u.s. supreme court maggio v. williams, 464 u.s. 46 (1983) maggio v. williams no. a-301 decided november 7, 1983 464 u.s. 46 on application to vacate stay syllabus respondent's state court murder conviction and death sentence were affirmed by the louisiana supreme court, and this court denied his petition for certiorari and request for rehearing. after he unsuccessfully sought habeas corpus relief in the state courts, respondent filed his first federal court petition for habeas corpus presenting the same issues that had proved unavailing in the state courts. the district court denied the petition, the court of appeals affirmed, and this court again denied certiorari and a request for a rehearing. respondent unsuccessfully renewed his attempt to win relief in the state courts, and then filed a second petition for habeas corpus in the district court, raising two claims that had previously been rejected and two additional claims. the court refused to grant the writ or to stay respondent's execution. the court of appeals affirmed the judgment -- finding respondent's claims to be without merit -- but issued a stay of execution pending either this court's anticipated review of the law concerning state court procedures for review of the "proportionality" of death sentences, or this court's "further directions." held: the stay was improvidently entered by the court of appeals. the standard for determining whether a court of appeals' stay .....

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Nov 01 1983 (FN)

Russello Vs. United States

Court : US Supreme Court

Decided on : Nov-01-1983

russello v. united states - 464 u.s. 16 (1983) u.s. supreme court russello v. united states, 464 u.s. 16 (1983) russello v. united states no. 82-472 argued october 5, 1983 decided november 1, 1983 464 u.s. 16 syllabus petitioner was convicted in federal district court, under the racketeer influenced and corrupt organizations (rico) chapter of the organized crime control act of 1970, of violating 18 u.s.c. 1962(c) and (d) by being involved in an arson ring that resulted in his fraudulently receiving insurance proceeds in payment for the fire loss of a building he owned. the district court also entered a judgment of forfeiture against petitioner for the amount of the insurance proceeds pursuant to 18 u.s.c. 1963(a)(1), which provides that a person convicted under 1962 shall forfeit to the united states "any interest he has acquired or maintained in violation of section 1962." the court of appeals affirmed. held: the insurance proceeds petitioner received as a result of his arson activities constitute an "interest " within the meaning of 1963(a)(1), and are therefore subject to forfeiture. pp. 464 u. s. 20 -29. (a) section 1963(a)(1) does not reach only "interests in an enterprise." where the term "interest" is not specifically defined in the rico statute, it is assumed that the legislative purpose is expressed by the term's ordinary meaning, which comprehends all forms of real and personal property, including profits and proceeds. congress apparently selected the broad term " .....

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Jul 06 1983 (FN)

Arizona Governing Comm. Vs. Norris

Court : US Supreme Court

Decided on : Jul-06-1983

..... arizona's voluntary plan violates title vii. in the majority's view, title vii requires an employer to follow one of three courses. an employer must provide unisex annuities itself, contract with insurance companies to provide such annuities, or provide no annuities to its employees. ante at 463 u. s. 1091 (marshall, j., concurring in judgment in part). the ..... from a company designated by the retirement plan. rev.rul. 72-25, 1972-1 cum.bull. 127; rev.rul. 68-99, 1968-1 cum. bull 193. accordingly, arizona contracts with private insurance companies to make life annuities available to its employees. the companies that underwrite the life annuities, as do the vast majority of private insurance companies in the ..... they would supply retirement benefits [ footnote 19 ] and selected the companies that were permitted to participate in the plan. once the state selected these companies, it entered into contracts with them governing the terms on which benefits were to be provided to employees. employees enrolling in the plan could obtain retirement benefits only from one of those companies, and ..... the arizona department of economic security, elected to participate in the plan. she requested that her deferred compensation be invested in the lincoln national life insurance co.'s fixed annuity contract. shortly thereafter, arizona approved respondent's request and began withholding $199.50 from her salary each month. on april 25, 1978, after exhausting administrative remedies, respondent brought suit .....

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Jul 05 1983 (FN)

Marsh Vs. Chambers

Court : US Supreme Court

Decided on : Jul-05-1983

..... the bill of rights is therefore somewhat akin to treating any action of a party to a contract as presumptively consistent with the terms of the contract. the latter proposition, if it were accepted, would of course resolve many of the heretofore perplexing issues in contract law. finally, and most importantly, the argument tendered by the court is misguided because the constitution is .....

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Jul 05 1983 (FN)

Carpenters Vs. Scott

Court : US Supreme Court

Decided on : Jul-05-1983

..... concede to union policies and principles." scott v. moore, 461 f.supp. 224, 227 (ed tex.1978). the violence and vandalism delayed construction and led cross to default on its contract with the army. the plaintiffs in this case, after amendment of the complaint, were respondents scott and matthews -- two cross employees who had been beaten -- and the company itself. the ..... , any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws." i a. a. cross construction co., inc. (cross), contracted with the department of the army to construct the alligator bayou pumping station and gravity drainage structure on the taylor bayou hurricane levee near port arthur, tex. in accordance with ..... (including the two individual respondents) were assaulted and beaten, and construction equipment was burned and destroyed. the violence and vandalism delayed construction and led the company to default on its contract. in their action in federal district court against petitioners -- the sabine area building and construction trades council and certain local unions and individuals -- respondents asserted that petitioners had conspired to .....

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