The law relating to non-disclosure, misrepresentation and breach of warrant in contracts of marine insurance : a case for reform / Sarah Catherine Derrington

Derrington, Sarah C. (Sarah Catherine) (1999). The law relating to non-disclosure, misrepresentation and breach of warrant in contracts of marine insurance : a case for reform / Sarah Catherine Derrington PhD Thesis, T.C. Beirne School of Law, The University of Queensland.

       
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Author Derrington, Sarah C. (Sarah Catherine)
Thesis Title The law relating to non-disclosure, misrepresentation and breach of warrant in contracts of marine insurance : a case for reform / Sarah Catherine Derrington
School, Centre or Institute T.C. Beirne School of Law
Institution The University of Queensland
Publication date 1999
Thesis type PhD Thesis
Total pages 540
Language eng
Subjects 18 Law and Legal Studies
Formatted abstract

The uniform enactment or adoption o f such rules will be o f benef it to the marine insurance industry.

Insurance in the Anglo/Australian legal system is governed by the Marine  Insurance Act as it has been enacted in various Commonwealth jurisdictions and has remained largely  untouched for 90 years. This fact alone appears to have led many commentators to believe that the  Marine Insurance Act is ripe for amendment. There are legitimate criticisms of the law of marine  insurance, the two major criticisms being

1. that the duty of disclosure is far too stringent in that it requires every assured to  disclose any facts which a prudent insurer would consider to be material and entitles the insurer  to repudiate the policy and to reject any claim in the event of any breach of this duty; and

2. that the law concerning warranties given by the assured operates with great unfairness  as it entitles the insurer to repudiate the policy and reject any claim whether or not the warranty  in question is material to the risk and whether or not any breach of any particular warranty has  any connection with any particular claim which may have arisen.

This thesis critically evaluates the current Anglo/Australian law relating to non_disclosure´╝î misrepresentation and breach of warranty in contracts of marine insurance; analyses that law in a comparative context; and concludes with a set of draft legislative reforms directed at non­  disclosure, misrepresentation and breach of warranty in the law of marine insurance. The analysis  undertaken yields rules relating to non-disclosure, misrepresentation and breach of warranty which are acceptable in several jurisdictions and which are both just and practically certain.

The uniform enactment or adoption o f such rules will be o f benef it to the marine insurance industry.
Keyword Marine insurance
Disclosure of information -- Law and legislation

Document type: Thesis
Collection: UQ Theses (RHD) - UQ staff and students only
 
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Created: Fri, 26 Sep 2014, 11:52:23 EST by Asma Asrar Qureshi on behalf of Scholarly Communication and Digitisation Service