Friday, 3 May 2019

Warranties in Marine Insurance

Warranties in Marine Insurance

the objective is to secure a sensible comprehensiveness in the collection of authoritative sources and materials, comprising of legislation in force and judicial decisions in relation to the concept of marine warranties. While the relevant provisions of the MIA 1906 and the case law will be the starting point for the study, an extensive reference to the case law of some common law systems, for example, Australia, Canada, New Zealand, will be made. Despite the fact that judgments delivered in those jurisdictions do not form binding precedent for English courts, nevertheless, they could be persuasive and need to be known in order to achieve a richer understanding of particular problems and evaluate the prospective progress of the warranty regime. Furthermore, a comparative analysis of the law of two civil law jurisdictions in relation to warranties, namely, Germany and Norway, will take place in the later stages of the book. The intention of such a comparative analysis of law is to draw conclusions about the fairness of the English warranty regime.



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