Illegality in marine insurance law / by Feng Wang.
2017
KD1845 .W36 2017 (Map It)
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Details
Title
Illegality in marine insurance law / by Feng Wang.
Published
Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2017.
Call Number
KD1845 .W36 2017
ISBN
9781138655638 (hbk.)
1138655635 (hbk.)
9781315622392 (ebk)
1138655635 (hbk.)
9781315622392 (ebk)
Description
xvii, 189 pages ; 26 cm.
System Control No.
(OCoLC)946142503
Note
Based on the author's thesis (doctoral - Exter University, 2015) issued under title: Warranty of legality and public policy.
Bibliography, etc. Note
Includes bibliographical references (pages 185-186) and index.
Series
Record Appears in
Table of Contents
Foreword
ix
Preface
xi
Table of cases
xiii
Table of statutes
xvii
Introduction
1
pt. 1
warranty of legality in marine insurance law
ch. 1
Marine Insurance Law Of Warranty In General
9
1.1.
Warranties in contract law
9
1.2.
Origin and development of warranties in insurance law and marine insurance law
10
1.3.
Construction of warranties
16
1.4.
Classifications of warranty
19
1.5.
Implied warranties other than warranty of legality
20
1.6.
effect of breach of warranty: The law before 12 August 2016
24
1.7.
Waiver of warranty
25
ch. 2
Illegal Performance Of Marine Insurance Contracts
29
2.1.
Introduction to the warranty of legality in marine insurance law
29
2.2.
Origin and formation of the warranty of legal adventure in marine insurance law
30
2.2.1.
origin of the warranty of legal adventure
30
2.2.2.
Explanation of the word "lawful"
32
2.2.3.
Formation of illegal adventure
34
2.3.
Origin and scope of the warranty of legal performance in marine insurance law
36
2.3.1.
Origin of the warranty of legal performance in marine insurance law
37
2.3.2.
Species and formation of illegal performance
38
2.3.3.
Scope of "so far as the assured can control the matter"
40
2.4.
insufficiencies of section 41 of the 1906 Marine Insurance Act
42
2.4.1.
Should the warranty of legality be regulated as an implied warranty in section 41?
47
2.5.
Conclusion on nature of section 41
51
pt. 2
Background to common law illegality
ch. 3
Illegality Defence In Tort Law And The Ex Turpi Causa Defence In Insurance
55
3.1.
illegality defence in tort law
55
3.1.1.
origin of the illegality defence in tort law
55
3.1.2.
Which kinds of claimant's illegality may trigger the illegality defence?
56
3.1.3.
principle based on which the claimant's claim is barred because of illegality
60
3.2.
application of the tort illegality defence to insurance law
74
3.2.1.
Why the ex turpi causa defence is important in insurance
75
3.2.2.
General principles under insurance law which relate to the illegality defence in tort
77
3.3.
Conclusion
89
ch. 4
Illegality Defence In Contract Law And Its Application In Insurance Contracts
91
4.1.
Introduction
91
4.2.
Contracts rendered illegal by statute
91
4.3.
Contracts rendered illegal by common law
96
4.3.1.
origin and development of contract illegality in common law and public policy
96
4.3.2.
General principles of illegality under common law
97
4.3.3.
rationales behind the public policy which renders the contract illegal
107
4.4.
difference between statutory illegality and common law illegality under both tort law and contract law
113
4.5.
application of contract law illegality principles in insurance
115
4.5.1.
Statutory illegality rules in insurance
116
4.5.2.
Insurance illegality under common law
121
4.6.
difference between tort illegality and contract illegality
126
4.6.1.
differences between contract law and tort law when dealing with the illegality defence
126
4.6.2.
reason for these differences
127
4.7.
Conclusion
128
pt. 3
Common law rules in marine insurance: A necessary reform or a supplementary instrument?
ch. 5
Differences Between The Illegality Defence In Common Law And The Warranty Of Legality In Marine Insurance And The Reasons For The Differences
131
5.1.
nature of section 41
131
5.1.1.
Is violation of section 41 a statutory illegality?
132
5.1.2.
Section 41 -- a pre-contractual or a post-contractual requirement?
133
5.2.
differences between the common law illegality defence and the warranty of legality in marine insurance
134
5.2.1.
nature of these two defences is different
134
5.2.2.
consequences of a breach of the law are different
135
5.2.3.
rationales underlying the common law illegality defence are more persuasive
136
5.2.4.
Factors and exceptions are different
137
5.2.5.
specificity of section 41 in marine insurance law
138
5.2.6.
Conclusion
139
5.3.
Why the courts adopt another method when dealing with illegality in marine insurance cases
139
5.4.
Conclusion
141
ch. 6
Foreign Law Illegality In Marine Insurance Law
143
6.1.
English legal position on foreign law illegality in common law
143
6.2.
English legal position on foreign law illegality in marine insurance
148
6.3.
criticism of current marine insurance law with regards to foreign law illegality
149
6.4.
Possible methods for dealing with foreign law illegality in marine insurance
150
6.5.
Conclusion
151
ch. 7
Marine Insurance Legality Issue In Australia And Other Common Law Jurisdictions
153
7.1.
Australian legal approach to the illegality issue
153
7.2.
warranty of legality issue in New Zealand and Canada
158
7.3.
Conclusion
160
ch. 8
Warranty Of Legality From The Perspective Of The Insurance Act 2015
161
8.1.
Reform recommendations of the Law Commission
161
8.2.
Warranties in the Insurance Act 2015
164
8.3.
Causal link and section 11
166
8.4.
application of the 2015 Act on warranty of legality
168
8.5.
market's reaction to the new Act
173
8.6.
Conclusion
175
ch. 9
Proposal For The Reform Of Section 41
177
9.1.
need for reform
177
9.2.
Reform proposals
177
9.3.
Conclusion
183
Bibliography
185
Index
187