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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2011 Page 1 of about 100 results (0.136 seconds)

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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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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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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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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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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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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Dec 07 2011 (FN)

Aberdeen City Council (Respondent) Vs. Stewart Milne Group Limited (Ap ...

Court : UK Supreme Court

Decided on : Dec-07-2011

..... has all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract. 29. this appeal is concerned with a somewhat different problem from that which arose in rainy sky. under the missives the respondent sellers were ..... the court should adopt the more, rather than the less, commercial construction. the court applied the principle that the ultimate aim in construing a contract is to determine what the parties meant by the language used, which involves ascertaining what a reasonable person would have understood the parties to have ..... be necessary to write in clauses to protect the respondents against the obvious risks that such an arrangement would give rise to. as the contract stands, there would be nothing to prevent the appellants from disposing of the subjects to a wholly owned subsidiary and then disposing of that ..... the allowable costs as defined in the schedule to the missive letter of 6 november 2001. the appellants' defence to this action was that the contract between the parties, on its true construction, did not provide that any additional payment under clause 9 of the missives should, in the case ..... agree) 1. the issue in this appeal raises what the courts below have correctly described as a short point of construction. it relates to a contract which the appellants, stewart milne group limited, entered into with the respondents, aberdeen city council, for the purchase of land with a view to .....

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Dec 07 2011 (FN)

Russell (Appellant) and Others Vs. Transocean International Resources ...

Court : UK Supreme Court

Decided on : Dec-07-2011

..... work.that said, the facts of that case were, as lord eassie pointed out in para 50 of his opinion, somewhat special. it was a short term contract under which it could be said, as the eat in that case concluded, that the employee had elected for his saturdays to be taken as leave days under ..... to mr sumsion by requiring him to take every saturday off as a leave day to make up his annual leave under regulation 13 of the wtr. his contract referred to the fact that his services would be required for up to six turns of duty per week, and that he was to be entitled to ..... was based on the proposition that leave could not be taken out of the periods when the appellants were on field break because they were not required by their contracts to work during those periods. these weeks were, as it was put, theirs already. it was inherent in the concept of leave that the worker was ..... they were all employed to work in various capacities on offshore installations located in the united kingdom continental shelf. there were differences in the way their contracts were expressed as they were working for different employers, but it was agreed that nothing turns on these details. with the exception of mr craig, the appellants ..... to work all the year round. he said that this was to be contrasted with the facts of this case, where the contract to work was what he described as a 26 week contract and there was no obligation to work for the other 26 weeks. but there was no suggestion in the pereda case that the .....

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Nov 23 2011 (FN)

Jude (Respondent) Vs. Her Majesty's Advocate (Appellant) (Scotland), H ...

Court : UK Supreme Court

Decided on : Nov-23-2011

lord hope 1. the respondents to the lord advocate's appeal in these three cases are raymond jude, michael hodgson and josh birnie. they were each detained as suspects for questioning at a police station under sections 14 and 15 of the criminal procedure (scotland) act 1995. their detentions took place prior to the decision of this court in cadder v hm advocate [2010] uksc 43, 2011 sc(uksc) 13; [2010] 1 wlr 2601. as was the practice at that time, they did not have access to legal advice either before or during their police interviews. in the course of their interviews they said things in reply to questions put to them by the police on which the crown relied at their trials. they were convicted and sentenced to various periods of imprisonment. they then appealed against these convictions. their appeals were still current when the judgment in cadder was delivered on 26 october 2010. 2. among other grounds of appeal in the high court of judiciary the respondents advanced submissions which raised a devolution issue. this was that the leading of evidence of statements which they made during their police interviews was a breach of their rights under articles 6(3)(c) and 6(1) of the european convention on human rights and that, in terms of section 57(2) of the scotland act 1998, the lord advocate had no power to lead that evidence. they referred to the decision in cadder in support of this ground of appeal. for birnie it was also submitted that the reliance by the crown upon his .....

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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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