Warranties in marine insurance : a comprehensive study
Warranties in marine insurance : a comprehensive study
In view of the significance of the concept of warranties; it is somewhat surprising to find that at present no academic study carried out in the UK has offered any substantial treatment of this aspect of law and this thesis is designed to fill this gap by providing a comprehensive and critical approach to marine insurance warranties.
The purpose of the thesis is to review the law in respect of marine insurance warranties, as concisely as possible, and identify any existing and potential difficulties in this area. At the same time, some proposals will be put forward to resolve these difficult issues which are still inadequately dealt with the present legal regime by considering general contract law principles and developments in other Commonwealth jurisdictions. It is also intended to examine the need for reform in this area and analyse the nature that any reforms should take.
The thesis is divided into three main parts. Part I evaluates the current law, highlighting the potential problem and offering some solutions. In Part II, adopting a wider perspective to the issue in consideration, the interrelation between breach of a warranty defence and some other main defences afforded to the insurers is examined. Such an approach has not been taken by any academic study previously and it is believed that it will be a valuable contribution to the academic literature. In the final part, the scope and nature of a possible reform in this area is discussed in the light of a comparative study and recent developments in the marine insurance market.
University of Southampton
Soyer, Baris
8bca630a-c22e-4f3f-896f-119b40a63894
2000
Soyer, Baris
8bca630a-c22e-4f3f-896f-119b40a63894
Soyer, Baris
(2000)
Warranties in marine insurance : a comprehensive study.
University of Southampton, Doctoral Thesis.
Record type:
Thesis
(Doctoral)
Abstract
In view of the significance of the concept of warranties; it is somewhat surprising to find that at present no academic study carried out in the UK has offered any substantial treatment of this aspect of law and this thesis is designed to fill this gap by providing a comprehensive and critical approach to marine insurance warranties.
The purpose of the thesis is to review the law in respect of marine insurance warranties, as concisely as possible, and identify any existing and potential difficulties in this area. At the same time, some proposals will be put forward to resolve these difficult issues which are still inadequately dealt with the present legal regime by considering general contract law principles and developments in other Commonwealth jurisdictions. It is also intended to examine the need for reform in this area and analyse the nature that any reforms should take.
The thesis is divided into three main parts. Part I evaluates the current law, highlighting the potential problem and offering some solutions. In Part II, adopting a wider perspective to the issue in consideration, the interrelation between breach of a warranty defence and some other main defences afforded to the insurers is examined. Such an approach has not been taken by any academic study previously and it is believed that it will be a valuable contribution to the academic literature. In the final part, the scope and nature of a possible reform in this area is discussed in the light of a comparative study and recent developments in the marine insurance market.
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Published date: 2000
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Local EPrints ID: 466870
URI: http://eprints.soton.ac.uk/id/eprint/466870
PURE UUID: 3175b679-4aba-4bf0-a0d3-5bda475fe466
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Date deposited: 05 Jul 2022 06:58
Last modified: 16 Mar 2024 20:51
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Author:
Baris Soyer
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