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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Insurance and the Law of Obligations


ISBN13: 9780199645749
Published: September 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £79.00



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It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction.

The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law.

It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law.

The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.

Subjects:
Contract Law, Insurance Law, Tort Law
Contents:
PART I: INTRODUCING INSURANCE AND OBLIGATIONS
1. Locating Insurance in the Law of Obligations
2. Theoretical Approaches to Insurance
3. Nature of Insurance: Insurance Contracts and Insurance Market
4. Regulation of Insurance

PART II: CORE ISSUES - UNDERSTANDING INSURANCE IN THE LAW OF OBLIGATIONS
5. Subrogation
6. Loss Spreading
7. Risk Allocation in Voluntary Arrangements
8. Tort and Risk Allocation
9. Compulsory Insurance
10. Interpretation: The Influence of Liability on Insurance

PART III: THE ISSUES ILLUSTRATED
11. Vicarious Liability
12. Ex Turpi Causa
13. Mesothelioma
14. Floods

PART IV: CONCLUSIONS
15. The Implications of our Study