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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Policyholder's Reasonable Expectations (Paperback)
Loot Price: R1,535
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Policyholder's Reasonable Expectations (Paperback)
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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.
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