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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Insurance and the Law of Obligations (Hardcover)
Loot Price: R2,654
Discovery Miles 26 540
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Insurance and the Law of Obligations (Hardcover)
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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.
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