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.
Edited by:
Dr Yong Qiang Han (University of Manchester UK),
Greg Pynt
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 236mm,
Width: 162mm,
Spine: 36mm
Weight: 940g
ISBN: 9781509916047
ISBN 10: 1509916040
Pages: 528
Publication Date: 28 June 2018
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
1. Introduction Yong Qiang Han and Greg Pynt Part I: Revisiting Carter v Boehm and Pre-contractual Duties in Insurance Law 2. Carter v Boehm (1766) 3 Burr 1905 3. The History of a Landmark: Carter v Boehm Stephen Watterson 4. The Doctrine of Uberrima Fides in Insurance Law—A Critical Evaluation Reuben A Hasson Part II: Pre-contractual Duties in Insurance Law: Common Law Jurisdictions 5. Pre-contractual Duties in Australia Peter Mann, Greg Pynt and Samantha Traves 6. Pre-contractual Duties in the UK Insurance Law after 2015: Old (or New?) Wine in New Bottles? Yong Qiang Han 7. Pre-contractual Duties under American Insurance Law Martin Davies and Jeffrey W Stempel Part III: Pre-contractual Duties in Insurance Law: Civil Law Jurisdictions 8. Pre-contractual Duties under the Chinese Insurance Law Yong Qiang Han and Feng Wang 9. Pre-contractual Duties under the French Insurance Law Sebastien Leroy 10. Pre-contractual Duties under the German Insurance Law Manfred Wandt and Kevin Bork 11. Pre-contractual Duties under the Japanese Insurance Law Satoshi Nakaide 12. Pre-contractual Duties under the Swiss Insurance Law Andrea Stäubli Part IV: Pre-contractual Duties in Insurance Law: Mixed Legal System, Reinsurance and Brokers 13. Good Faith and Pre-contractual Duties under South African Insurance Law Birgit Kuschke 14. Pre-contractual Duties in European Insurance Contract Law Helmut Heiss and Ulrike Mönnich 15. Pre-contractual Utmost Good Faith of the Reinsured Jeffrey W Stempel 16. Placement of Insurance and the Role of Brokers Rob Merkin 17. Conclusions: (Utmost) Good Faith and Pre-contractual Duties Globally in the Twenty-first Century Yong Qiang Han
Yong Qiang Han is an Adjunct Senior Research Fellow at the Centre for Banking and Finance Law of the Faculty of Law, the National University of Singapore. Greg Pynt is a barrister at Francis Burt Chambers, Perth, Australia.
