Good Faith And Insurance Contracts PDF Download
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Author | : Peter MacDonald Eggers |
Publisher | : Taylor & Francis |
Total Pages | : 1064 |
Release | : 2017-12-06 |
Genre | : Law |
ISBN | : 1351984004 |
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Good Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area. This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners.
Author | : Roger Brownsword |
Publisher | : Dartmouth Publishing Company |
Total Pages | : 344 |
Release | : 1999 |
Genre | : Buena fe (Derecho) |
ISBN | : |
Download Good Faith in Contract Book in PDF, ePub and Kindle
In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.
Author | : Paul Latimer |
Publisher | : |
Total Pages | : 1 |
Release | : 2018 |
Genre | : |
ISBN | : |
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Author | : Margaret Miles Ayres |
Publisher | : |
Total Pages | : |
Release | : 1971 |
Genre | : Good faith (Law) |
ISBN | : |
Download Good Faith Performance of Insurance Contracts Book in PDF, ePub and Kindle
Author | : Steven J. Burton |
Publisher | : |
Total Pages | : 504 |
Release | : 1995 |
Genre | : Contracts |
ISBN | : |
Download Contractual Good Faith Book in PDF, ePub and Kindle
Author | : Julie-Anne Tarr |
Publisher | : iUniverse |
Total Pages | : 330 |
Release | : 2001 |
Genre | : Law |
ISBN | : 0595170153 |
Download Information Disclosure Book in PDF, ePub and Kindle
An insurance contract is one of the most significant documents an average consumer signs in the course of his or her adult life. It defines the scope and measure of protection available to the policy holder should the risk eventuate. Insurers similarly view the information supplied during contract negotiations as critical. As it provides a basis for assessing the risk inherent in issuing the policy, failure to disclose information fully and accurately can skew calculation of the risk level inherent in the deal and of the appropriate premium payable. For this reason, insurance contracts have traditionally been treated as a special category of business dealing. Unlike standard contracts based on caveat emptor, – let buyers beware – insurance contracts bind both insurers and consumers to a higher duty of honesty and good faith in their dealings with each other. Failure to fully disclose information that may affect an insurer’s calculation of risk in taking on the contract can potentially, therefore, result in the valid rejection of a policy holder’s claim.Given the potentially devastating consequences claim denial carries for policy holders, this book outlines the current legal regulatory framework governing this area and assesses its capacity to provide a just and efficient set of standards for the exchange of this information in the pre-contracting stage.
Author | : Avinash Dixit |
Publisher | : |
Total Pages | : 0 |
Release | : 2010 |
Genre | : |
ISBN | : |
Download On the Role of Good Faith in Insurance Contracting Book in PDF, ePub and Kindle
The law of insurance contracts provides that if the policyholder is shown to have knowingly misrepresented material facts about his risks in his application, the insurer can cancel the contract ex post facto and refuse to pay any claims. This good faith principle is widespread, but implemented with unequal strictness, under common law or statute law. In this paper, we analyze the role of good faith in insurance application, when policyholders are imperfectly informed about their risk type. We extend the Rothschild-Stiglitz (1976) model of an insurance market with adverse selection to the situation where individuals only receive a signal of their risk type and where a costly verification of the individuals' risk type and/or signal is possible. We characterize the optimal investigation strategy of the insurer, and the insurance indemnity that should be paid contingent on the result of the investigation, when the insurance market is at a competitive equilibrium. We show that the high-risk types get full, fair insurance without any investigation. The contract intended for the low-risk types involves probabilistic investigation, either of the signal directly, or of the risk type and then of the signal if a high risk type is revealed, depending on the costs of the two types of investigation and the posterior probability of the signal. In either case, the equilibrium is Pareto superior to that in the original Rothschild-Stiglitz model, and exists for a larger range of the population proportions of the two risk types. We also analyze the issue of the onus of the proof when intentional misrepresentation of risk is alleged by the insurer, and find the dependence of the optimal choice of the legislative rule depends on the rival parties' costs of proving good or bad faith.
Author | : Yong Qiang Han |
Publisher | : |
Total Pages | : |
Release | : 2016 |
Genre | : Contracts |
ISBN | : 9781509900787 |
Download Policyholder's Reasonable Expectations Book in PDF, ePub and Kindle
Author | : Julie-Ann Tarr |
Publisher | : Routledge |
Total Pages | : 271 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135337705 |
Download Disclosure and Concealment in Consumer Insurance Contracts Book in PDF, ePub and Kindle
This book provides an in-depth examination of the theoretical,legal, social and economic foundations to disclosure and concealment of information in relation to the formation of consumer insurance contracts. A comparative treatment of this issue is undertaken with particular attention given to the judicial and legislative approaches adopted in the United Kingdom, the United States of America, Australia and New Zealand. It will be relevant to those researching and studying insurance law, all legal practitioners involved with the formation of consumer insurance contracts and non-legal practitioners working within the field of insurance.
Author | : Haemala Thanasegaran |
Publisher | : Springer |
Total Pages | : 251 |
Release | : 2016-01-22 |
Genre | : Law |
ISBN | : 9811003831 |
Download Good Faith in Insurance and Takaful Contracts in Malaysia Book in PDF, ePub and Kindle
This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia. The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.