Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide.
The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015.
Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.
Part I: The Warranty of Legality in Marine Insurance Law
1. Marine Insurance Law of Warranty in General
2. Illegal Performance of Marine Insurance Contracts
Part II: Background to Common Law Illegality
3. The Illegality Defence in Tort Law and the Ex Turpi Causa Defence in Insurance
4. The Illegality Defence in Contract Law and its Application in Insurance Contracts
Part III: Common Law Rules in Marine Insurance: A Necessary Reform or a Supplementary Instrument?
5. The Differences between the Illegality Defence in Common Law and the Warranty of Legality in Marine Insurance and the Reasons for the Differences
6. Foreign Law Illegality in Marine Insurance Law
7. The Marine Insurance Legality Issue in Australia and Other Common Law Jurisdictions
8. Warranty of Legality from the Perspective of Insurance Act 2015
9. A Proposal for the Reform of Section 41
For academics and practitioners, this series offers cutting edge research titles and practical manuals on the whole spectrum of commercial law, and will be of great use to commercial practitioner across the range of specialisms.
Our first title in this series is Causation in Insurance Contract Law, which will assist practitioners in ascertaining whether a particular loss or damage is covered in an insurance policy or in a tort claim.