Wilful, reckless and uninsurable?
Wilful, reckless and uninsurable?
Was it wilful? Was it misconduct? The recent Canadian Supreme Court Decision in Peracomo Inc and Others v TELUS Communications Co and Others (The Realice) restores order on the limitation issue: the Supreme Court reversed the Court of Appeal’s decision to break limitation on the basis that Mr Vallée had not had the requisite intent to cause the damage that resulted (“recklessly and with knowledge that such loss would probably result”). In that part, the decision is probably uncontroversial – it has proven notoriously difficult to break the limitation. More interesting is the discussion of section 53(2)(a) of the Marine Insurance Act 1993,1 where the majority of four held that the conduct had not amounted to wilful misconduct, but one of the judges dissented
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Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Hjalmarsson, Johanna
(2014)
Wilful, reckless and uninsurable?
Shipping & Trade Law, 14 (5), .
(Submitted)
Abstract
Was it wilful? Was it misconduct? The recent Canadian Supreme Court Decision in Peracomo Inc and Others v TELUS Communications Co and Others (The Realice) restores order on the limitation issue: the Supreme Court reversed the Court of Appeal’s decision to break limitation on the basis that Mr Vallée had not had the requisite intent to cause the damage that resulted (“recklessly and with knowledge that such loss would probably result”). In that part, the decision is probably uncontroversial – it has proven notoriously difficult to break the limitation. More interesting is the discussion of section 53(2)(a) of the Marine Insurance Act 1993,1 where the majority of four held that the conduct had not amounted to wilful misconduct, but one of the judges dissented
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Submitted date: 1 June 2014
Organisations:
Southampton Law School
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Local EPrints ID: 365492
URI: http://eprints.soton.ac.uk/id/eprint/365492
ISSN: 1471-9614
PURE UUID: ab921e27-d411-4d1f-b746-33646ee073af
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Date deposited: 06 Jun 2014 15:37
Last modified: 23 Jul 2022 01:53
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