Insurance and the Law of Obligations
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 August 2013
- ISBN 9780199645749
- Binding Hardback
- No. of pages464 pages
- Size 252x192x33 mm
- Weight 962 g
- Language English 10
Categories
Short description:
The insurance industry has a significant impact on the operation of private law, yet remains poorly understood and under-theorized in the legal literature. Filling an important gap, this book analyses the interaction of insurance law and the general law of obligations, in theory and practice.
MoreLong description:
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.
Table of Contents:
Part I: Essentials
Introduction: Insurance in the Law of Obligations
Characterising Insurance
Insurance Contracts and Insurance Market
Regulatory Dimensions
Part II: Operation
Subrogation
Loss Spreading
Allocation of Risk in Voluntary Arrangements
Allocation of Risk and Tort Law
Compulsory Liability Insurance
Part III: Applications
Vicarious Liability
Insurance and Illegal Conduct
The Asbestos Litigation
Insurance in Litigation
