For centuries, warranties have played a significant role in the law of marine insurance and in this book Baris Soyer offers a comprehensive and authoritative examination of warranties in marine insurance. The book sets out the current law on marine insurance warranties as well as exploring the legal remedies available when a marine insurance warranty is breached.
The third edition is brought up to date with significant discussion of recent case law including: Kosmar Villa Holidays v. Trustees of Syndicate; Pratt v Aigaion Insurance Co; Argo Systems FZE v. Liberty Insurance (Pte); The Buana Dua, The Princess of the Stars, The Nancy, and Garnat Trading & Shipping (Singapore) Pte Ltd v. Baominh Insurance Corporation with a view to identifying their impact on established legal principles. The third edition also goes on to evaluate the impact of the changes that will be introduced in this area by the Insurance Act 2015. This Act will alter the warranty regime significantly but it is also expected to have an impact on other risk alteration clauses such as condition precedents, suspensory warranties and exclusion clauses.
This book is essential reading for postgraduate students and academics in international commercial law and marine insurance law as well as insurers and legal practitioners.
Table of Contents
1. Warranties in General 2. Express Warranties 3. Implied Warranty of Seaworthiness 4. Other Implied Warranties 5. Nature of Marine Warranties 6. Waiver of Breach of Marine Warranties 7. Legal Position in Relation to Warranties in Some Other Jurisdictions 8. A Case for Reform?
Baris Soyer is Professor of Commercial and Maritime Law at Swansea University, UK and also the Director of the Institute of International Shipping and Trade Law.
"Warranties have played and continue to play an important part in insurance transactions. Professor Soyer in his magisterial book on the subject explains the meaning, function and effect of such warranties...A strength of Professor Soyer's book is the sustained consideration of the impact of the 2015 Act at the outset of its statutory life...This is a book that warrants and repays careful study and makes a positive contribution to the law." Review of the third edition by Peter MacDonald Eggers QC in the Journal of International Maritime Law (2017)
"There is no doubt that [the second edition] will be just as well received as its predecessor. It is very readable and interesting account of the law regarding marine insurance warranties…. The author is to be commended on producing yet again a very worthwhile addition to the insurance law literature." Review of the second edition by Professor John Birds in the Journal of Business Law (2006)
"In short, the subject of marine insurance warranties is an area that combines conceptual complexity with practical importance. Dr Soyer deals with it with authority and accuracy, and with a continuing critical faculty. An excellent second edition. May there be many more." Review of the second edition by Professor Robert Grime in the Journal of International Maritime Law (2006)
"This book is a welcome and much-needed addition to the small number of books devoted to the law of marine insurance." review of the first edition by Lord Justice Longmore, Law Quarterly Review