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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 2012 Page 1 of about 89 results (0.094 seconds)

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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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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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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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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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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Dec 12 2012 (FN)

X Vs. Mid Sussex Citizens Advice Bureau and Another

Court : UK Supreme Court

Decided on : Dec-12-2012

..... any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished; (b) any provisions contrary to the principle of equal treatment which are included in contracts or collective agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers' and employers' organisations are, or may be, declared null and void or ..... and is concerned with preventing discrimination from qualifying or setting up as a solicitor, plumber, greengrocer or arbitrator. it is not concerned with discrimination by a customer who prefers to contract with one of their competitors once they have set up in business. that would not be denying them 'access. . . to self-employment or to occupation'." 30. that ..... claimants' working conditions were affected. the court said (para 24) that: "to confine the latter concept solely to those working conditions which are set out in the contract of employment or applied by the employer in respect of a worker's employment would remove situations directly covered by an employment relationship from the scope of the directive." however ..... , this was said in a context where there was a contract of employment for reward, and does not suggest that the words "employment and working conditions" in article 3(1)(c) cover situations of purely voluntary activity. 35. .....

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Nov 28 2012 (FN)

Rm (Ap) Vs. the Scottish Ministers

Court : UK Supreme Court

Decided on : Nov-28-2012

lord reed (with whom lord hope, lady hale, lord wilson and lord carnwath agree) 1. this appeal raises a question as to the effect of a commencement provision in a statute which provides that provisions "shall come into force" on a specified date, and a consequential question as to the effect of a provision conferring upon ministers the power to make regulations, where the provisions which are subject to the commencement provision cannot come into effective operation unless such regulations have been made. the legislation 2. these questions arise in relation to the mental health (care and treatment) (scotland) act 2003 ("the 2003 act"). the relevant substantive provisions are contained in chapter 3 of part 17, comprising sections 264 to 273. that chapter is concerned with the detention of patients in conditions of excessive security. 3. section 264 is headed "detention in conditions of excessive security: state hospitals". it applies where a patient's detention in a state hospital is authorised by one of the measures listed in subsection (1)(a) to (d): that is to say, a compulsory treatment order, a compulsion order, a hospital direction or a transfer for treatment direction. by virtue of subsection (2), an application can be made to the mental health tribunal for scotland ("the tribunal") by any of the persons mentioned in subsection (6), including any patient falling within the scope of the section. by virtue of subsection (9), however, the tribunal cannot determine any .....

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Nov 21 2012 (FN)

Local Government Byelaws (Wales) Bill 2012 - Reference by the Attorney ...

Court : UK Supreme Court

Decided on : Nov-21-2012

..... provisions about the commission are set out in schedule 2 to the 2006 act. among them is paragraph 4 which sets out its powers. these include, in particular, entering into contracts, charging for goods and services, investing sums not immediately required for its functions and accepting gifts: paragraph 4(2). there is no indication either in section 27 itself or in .....

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Nov 21 2012 (FN)

Consolidated Information Services Limited (Formerly Viagogo Limited) ( ...

Court : UK Supreme Court

Decided on : Nov-21-2012

..... of appeal dismissed viagogo's appeal [2011] ewca civ 1585. it confirmed the findings of tugendhat j that the rfu had an arguable case on the ground of breach of contract and trespass. it decided that the rfu had no readily available alternative means of discovering who the possible wrongdoers were other than by means of a norwich pharmacal order. on ..... there was a good arguable case that those who had received tickets from the rfu and the subsequent sellers and buyers of the tickets had been guilty of breach of contract and/or conversion [2011] ewhc 764 (qb). he also held that those who entered the stadium by use of a ticket obtained in contravention of rfu conditions were arguably guilty ..... . the rfu's terms and conditions stipulate that any resale of a ticket or any advertisement of a ticket for sale at above face value will constitute a breach of contract rendering the ticket null and void, so that all rights evidenced by the ticket are extinguished. applicants for tickets indicate agreement to these terms and conditions when submitting ticket application .....

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