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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Insurance law
Over the past two decades, protecting contractual parties'
reasonable expectations has incrementally gained judicial
recognition in English contract law. In contrast, however, the
similar 'doctrine' of 'policyholder's reasonable expectations' has
been largely rejected in English insurance law. This is injurious,
firstly, to both the consumer and business policyholder's
reasonable expectations of coverage of particular risks, and,
secondly, to consumer policyholder's reasonable expectations of
bonuses in with-profits life insurance. To remedy these problems,
this book argues for an incremental but definite acceptance of the
conception of policyholder's reasonable expectations in English
insurance law. It firstly discusses the homogeneity between
insurance law and contract law, as well as the role of (reasonable)
expectations and their relevance to the emerging duty of good faith
in contract law. Secondly, following a review and
re-characterisation of the American insurance law 'doctrine' of
reasonable expectations, the book addresses the conventional
English objections to the reasonable expectations approach in
insurance law. In passing, it also rethinks the approach to the
protection of policyholder's reasonable expectations of bonuses in
with-profits life insurance through a revisit to the (in)famous
case Equitable Life Assurance Society v Hyman [2000] UKHL 39,
particularly to its relevant business and regulatory background.
The book provides a critical analysis of electronic alternatives to
documents used in the international sale of goods carried by sea,
including invoices, bills of lading, certificates of insurance, as
well as other documentation required under documentary credits, and
payment processing arrangements. It constitutes an in-depth
discussion of their legal status and the practices relating to
their use. The new edition examines recent developments in the
evolving digital transformation that is taking place in the field
of international trade. The book examines the commercial pressure
to move from paper to electronic data, and the new technologies and
relationships built for this purpose. This transition is ever
evolving and as such an understanding of the attendant legal
implications of the change is crucial. Analysis is provided on the
adoption by UNCITRAL of its Model Law on Electronic Transferable
Records, the author having been involved first hand in its drafting
as a delegate and observer in UNCITRAL Working Group IV, and on the
Uniform Rules on Bank Payment Obligations (URBPO). The book
considers the practical workings and legal underpinnings of new
electronic bill of lading platforms such as e-Title and Placing
Platform Limited and of pilot projects such as Wave BL, Marco Polo
and Voltron. It also examines the legal implications of proposed
uses of new technologies such as distributed ledger technologies
(DLT) (including blockchain), Internet of Things (IoT) and smart
contracts. This book provides a complete and practical analysis of
e-documents in cross-border business contracts for goods carried by
sea. It examines recent trends in practice and assesses the ability
of electronic alternatives to achieve legal functions performed by
the paper documents they replace.
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