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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2010 Page 1 of about 92 results (0.109 seconds)

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 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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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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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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Dec 15 2010 (FN)

Commissioners for Her Majesty's Revenue and Customs (Respondent) Vs. D ...

Court : UK Supreme Court

Decided on : Dec-15-2010

..... by the finance act 1997) in full: "(1) this section applies where (a) any amount ('manufactured interest') is payable by or on behalf of, or to, any company under any contract or arrangements relating to the transfer of an asset representing a loan relationship; and (b) that amount is, or (when paid) will fall to be treated as, representative of interest .....

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Dec 08 2010 (FN)

Progress Property Company Limited (Appellant) Vs. Moorgarth Group Limi ...

Court : UK Supreme Court

Decided on : Dec-08-2010

..... director of tuk and moorgarth, mr moore achieved all that was in their interests. he achieved a recognition and recital of the existence of the indemnity and counter-indemnity in which he believed, and on that basis a credit in the region of 4 million, reducing the net payment to ppc for yms1 ..... collings qc for ppc stated explicitly that ppc's case depends upon attributing to both moorgarth and ppc the knowledge (about the absence of any indemnity or counter-indemnity) which it is said that mr moore had or should have had as a director of both companies. that, he said, was what ..... 's answer during oral submissions, to the effect that, had the transactions relating to ppc and yms1 not proceeded on the basis that the indemnity and counter-indemnity already existed as tuk/moorgarth believed, tuk/moorgarth could have insisted on their being put into express form, as a pre-condition to any such ..... by telephone. on the same day tradegro and its overseas holding company gave a formal release of ppc from any possible liability under the supposed indemnity or counter-indemnity. that liability had never actually come into existence, though it had been much discussed. the deputy judge's judgment (paras 13 to 31) ..... and the sum of 4m in respect of a repairing liability. the subtraction of 4m was made in the belief that ppc had given an indemnity or counter-indemnity under which that liability would ultimately fall on ppc. as part of the transaction that liability of ppc was to be released. in fact .....

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Dec 01 2010 (FN)

Spiller and Another (Appellants) Vs. Joseph and Others (Respondents)

Court : UK Supreme Court

Decided on : Dec-01-2010

..... that email had, arguably, evidenced a contemptuous and cavalier approach to the claimants' contractual obligations to the defendants. the email as quoted, arguably, evidenced a contemptuous and cavalier approach to contracts in general. so far as concerns the basis of the defendants' comments about the claimants' attitude to their contractual obligations, a jury might take the view that there was no ..... a hirer in 2005. as between the claimants and defendants, there were no repercussions in that contractual relations proceeded without complaint until march 2007. the words 'following a breach of contract' in the words complained of cannot be taken as referring to the december 2005 breach. nor, in my judgment, can the later words in the defendants' comments. in my ..... of entertaining the public, a business in which many people are engaged, will be concerned, when serving the public, to know which artists can be relied on to perform their contracts and which cannot. the comment is arguably in the public interest." the last sentence suggests that pill lj considered that this issue was one for the jury, whereas the authorities ..... obligations for your booking may also not be met. in essence, craig joseph who performs with/arranges bookings for the gillettes and saturday night at the movies may sign a contract for your booking but will not necessarily adhere to it. we would recommend that you take legal advice before booking this artist to avoid any possible difficulties. instead we recommend .....

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Nov 24 2010 (FN)

Royal Bank of Scotland Plc (Respondent) Vs. John Patrick Mccormack Wil ...

Court : UK Supreme Court

Decided on : Nov-24-2010

..... proprietor of the security subjects has become insolvent. 10. (1) where the debtor is in default, the creditor may, without prejudice to his exercising any other remedy arising from the contract to which the standard security relates, exercise, in accordance with the provisions of part ii of this act and of any other enactment applying to standard securities, such of the ..... an action of removing in the court of session (see, eg, blair v galloway 1853 16 d 291), the authors said that no-one was entitled to make rules by contract which tend to establish a diligence different from that established by law and that extreme powers in a bond, although consented to by the debtor, will not be enforced: "thus .....

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Nov 17 2010 (FN)

Multi-link Leisure Developments Limited (Appellant) Vs. North Lanarksh ...

Court : UK Supreme Court

Decided on : Nov-17-2010

..... clear and then to use those parts to unravel the meaning of the parts which are more difficult to understand. the same applies to interpreting contracts or statutes. here, since their meaning is not really in doubt, i find it helpful to start with the assumptions and disregards that ..... of the exercise of searching for meaning of language in its contractual setting: "the court must not try to [divine] the purpose of the contract by speculating about the real intention of the parties. it may only be inferred from the language used by the parties, judged against the objective ..... compania naviera sa v salen rederierna ab [1985] ac 191, 201, lord diplock said that if detailed and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must yield to business commonsense; see also investors compensation scheme ltd v west bromwich ..... may lack in precision, is reasonably capable of an interpretation which attributes to the parties an intention to make provision for contingencies inherent in the work contracted for on a sensible and businesslike basis." in ravennavi spa v new century shipbuilding co ltd [2007] 2 lloyds rep 24, para 12 moore ..... to that effect: para 28. decree was pronounced in terms of the conclusion to the landlords' counterclaim. this was to the effect that the contract resulting from the exercise of the option clause had been rescinded, the option was spent and it could not be exercised during the remaining term .....

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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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