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Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insur...
Revisiting Carter v Boehm (1766) 3 Burr 1905, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical era for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law. This book is the culmination of a colloquium held on 30 November & 1 December 2016 in Singapore and convened by the Centre for Banking and Finance Law, of the Faculty of Law, National University of Singapore for the 250th anniversary of the landmark English insurance law case Carter v Boehm (1766) 3 Burr 1905.--
Includes papers presented at a colloquium held at the Faculty of Law, National University of Singapore on 30 November and 1 December 2016 (the 250th anniversary of Carter v Boehm). -- ECIP Preface.
The thesis also evaluates the core proposals tentatively put forward by the Law Commission and the Scottish Law Commission for reform in those key areas of insurance contract law. From the theory of contract law ideologies, it can be derived an evaluative standard that, for law reform through legislation, the realist approach is more preferable, and market-individualism should prevail in business insurance whereas consumer-welfarism should prevail in consumer insurance. By this standard, most of the core tentative proposals by the two Law Commissions for reform in the law of disclosure in business insurance and of warranties in insurance are realist and therefore desirable, but two of the proposals need to be amended. The recent proposals in 2011 to retain the requirement of insurable interest are not realist and instead it is better to return to the proposals in 2008. Among the proposals regarding the legal rules of insurance payment, the Scottish approach is preferable for its realist re-characterization of insurers' primary contractual obligation.
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Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insur...
This collection of papers, which was subjected to strict peer-review by 2 to 4 expert referees, aims to collect together the latest advances in, and applications of, traditional constructional materials, advanced constructional materials and green building materials. It cannot fail to suggest new ideas and strategies to be tried in this field.
This erudite Research Handbook presents in-depth analyses on marine insurance law, exploring its fundamental issues, legal conflicts and the ways in which technology has changed the marine insurance landscape. Bringing together a vast array of expert legal scholars and practitioners, this book adeptly relates marine insurance to international trade, cyber insurance and pandemic exclusions.
Revisiting Carter v Boehm, the collected papers in this book are intended as a catalyst for rethinking the pre-contractual duties in insurance law and the related principle of utmost good faith at a critical time for insurance law. In so doing, it endeavours to provide insurance law students, academics, practitioners and judges with new perspectives for a keen understanding of this fundamental aspect of insurance law, which has become increasingly dynamic under both common law and civil law legal traditions. It will explore to what extent and why the doctrines of pre-contractual duties in insurance law under the two major legal traditions are converging, as well as the implications of such convergence. It will be of great interest to students, academics and practitioners in the field of insurance law.
This book includes original, peer-reviewed research papers from the ICAUS 2022, which offers a unique and interesting platform for scientists, engineers and practitioners throughout the world to present and share their most recent research and innovative ideas. The aim of the ICAUS 2022 is to stimulate researchers active in the areas pertinent to intelligent unmanned systems. The topics covered include but are not limited to Unmanned Aerial/Ground/Surface/Underwater Systems, Robotic, Autonomous Control/Navigation and Positioning/ Architecture, Energy and Task Planning and Effectiveness Evaluation Technologies, Artificial Intelligence Algorithm/Bionic Technology and Its Application in Unmanned Systems. The papers showcased here share the latest findings on Unmanned Systems, Robotics, Automation, Intelligent Systems, Control Systems, Integrated Networks, Modeling and Simulation. It makes the book a valuable asset for researchers, engineers, and university students alike.