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Insurance and the Law of Obligations [Kietas viršelis]

(Professor of Law, York Law School, University of York), (Professor of Law, University of Exeter; Consultant, Norton Rose Fulbright)
  • Formatas: Hardback, 464 pages, aukštis x plotis x storis: 252x192x33 mm, weight: 962 g
  • Išleidimo metai: 29-Aug-2013
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199645744
  • ISBN-13: 9780199645749
Kitos knygos pagal šią temą:
Insurance and the Law of ObligationsDidesnis paveikslėlis
  • Formatas: Hardback, 464 pages, aukštis x plotis x storis: 252x192x33 mm, weight: 962 g
  • Išleidimo metai: 29-Aug-2013
  • Leidėjas: Oxford University Press
  • ISBN-10: 0199645744
  • ISBN-13: 9780199645749
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9780199645749.html
Raktažodžiai:
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.
Table of Cases
xiv
Table of Statutes
xxxiv
Table of Statutory Instruments
xxxviii
Table of EU Legislation
xxxix
Table of International Agreements
xl
List of Abbreviations
xli
PART 1 ESSENTIALS
1 Introduction: Insurance in the Law of Obligations
3(14)
1.1 Our Aim
3(2)
1.2 Insurance and Risk
5(1)
1.3 Challenges
6(4)
1.4 Obligations
10(3)
1.5 Structure
13(4)
2 Characterizing Insurance
17(20)
2.1 Introduction: Actuarial or Relational?
17(8)
2.2 In Search of the Nature of Insurance
25(5)
2.3 Insurance and Responsibility
30(1)
2.4 Uncertainty and Speculation
31(3)
2.5 Conclusions
34(3)
3 Insurance Contracts and Insurance Market
37(40)
3.1 Introduction
37(1)
3.2 When is a Contract One of Insurance?
38(6)
3.3 Principles of Insurance Contract Law: an Introduction
44(12)
3.4 The Development of Risks and the Market for Insurance
56(7)
3.5 Liability Insurance and Liability
63(10)
3.6 Does Liability Influence Liability Insurance?
73(3)
3.7 Conclusions
76(1)
4 Regulatory Dimensions
77(20)
4.1 Introduction and Significance
77(1)
4.2 Regulating the Insurance Activity
78(9)
4.3 Protecting Policyholders: the Public Law Approach
87(6)
4.4 Conclusions
93(4)
PART 2 OPERATION
5 Subrogation
97(42)
5.1 Introduction
97(5)
5.2 The Issues Illustrated
102(4)
5.3 The Basis of Insurer Subrogation
106(9)
5.4 Operation and Limits
115(3)
5.5 Exclusion of Life and Personal Injury Policies
118(10)
5.6 Reflections on Risk Allocation and Loss Distribution
128(8)
5.7 Conclusions
136(3)
6 Loss-Spreading
139(24)
6.1 Introduction
139(1)
6.2 Some Misconceptions About Loss-Spreading
139(2)
6.3 Contribution Between Insurers
141(5)
6.4 Reinsurance
146(11)
6.5 Riot Damages: Market or Community Loss-Bearing?
157(2)
6.6 State and Market
159(4)
7 Allocation of Risk in Voluntary Arrangements
163(40)
7.1 Introduction: Contracting and Insurance
163(5)
7.2 Common Concerns
168(2)
7.3 Insuring Against the Risk of Insolvency
170(6)
7.4 Risk Allocation and Insurance in Contracts
176(3)
7.5 Risk Allocation and Defective Performance
179(15)
7.6 Construction Contracts: a Case Study
194(7)
7.7 Conclusions
201(2)
8 Allocation of Risk and Tort Law
203(48)
8.1 Introduction
203(9)
8.2 Overview: Tort Reasoning and Risk Allocation
212(5)
8.3 `Contractual Matrix' Cases: Tort and Party Risk Structure
217(11)
8.4 Advice
228(7)
8.5 Public Authorities and Risk Allocation
235(12)
8.6 Duties to Employees
247(3)
8.7 Conclusions: Duties, Remedies, and Risks
250(1)
9 Compulsory Liability Insurance
251(50)
9.1 Introduction
251(5)
9.2 Significance and Extent
256(5)
9.3 Compulsory Insurance for Motor Vehicles
261(19)
9.4 Compulsory Employers' Liability Insurance
280(17)
9.5 Conclusions
297(4)
PART 3 APPLICATIONS
10 Vicarious Liability
301(28)
10.1 Introduction
301(3)
10.2 Nature and Boundaries
304(6)
10.3 Risk Allocation and Loss-Spreading
310(8)
10.4 Loss-Spreading and Insurance in Vicarious Liability
318(5)
10.5 Vicarious Liability and Contractual Structure
323(5)
10.6 Insurance and Vicarious Liability: Conclusions
328(1)
11 Insurance and Illegal Conduct
329(34)
11.1 Introduction
329(2)
11.2 Principles Governing Illegality
331(8)
11.3 Claims Against Policyholders
339(8)
11.4 Claims Against Insurers
347(13)
11.5 Conclusions
360(3)
12 The Asbestos Litigation
363(20)
12.1 The Issues
363(2)
12.2 Establishing Liability in Tort
365(2)
12.3 Insurance Coverage
367(9)
12.4 Claims Against and Between Insurers
376(5)
12.5 Conclusions
381(2)
13 Insurance in Litigation
383(24)
13.1 Insurance and the Shaping of Litigation
383(3)
13.2 Funding Litigation
386(7)
13.3 Defending Litigation by Liability Insurance
393(2)
13.4 Liability Insurance as a Means of Enforcing Judgments
395(10)
13.5 Concluding Thoughts
405(2)
Index 407
Rob Merkin is Professor of Commercial Law at the University of Exeter, Honorary Professor of Law at the University of Auckland, and a consultant to international law firm Norton Rose Fulbright. He is the author of over 40 books on insurance, reinsurance, and arbitration, and lectures on insurance and reinsurance law at universities worldwide. He is co-editor of the Lloyd's Law Reports and the editor of Insurance Law Monthly, the Journal of Business Law, and the British Insurance Law Association Journal. From 2006 to 2010, Rob was a co-editor of Legal Studies. Rob was President of the British Insurance Law Association 2010-2012 and has been Vice-President of the International Association of Insurance Law since 2010. In 2010 he was awarded a prize by the Australian Insurance Law Association for his contribution to the development of insurance law in Australia, and in 2012 he was awarded the Hotung Fellowship by the University of Canterbury, Christchurch, for work on earthquake insurance.

Jenny Steele is a Professor of Law at York Law School, University of York. She is the author of Tort Law: Text, Cases, and Materials (OUP, 2nd ed. 2010); and Risks and Legal Theory (Hart, 2004), and is a contributing editor to Clerk and Lindsell on Torts (from the 20th edition). She edited Law in Environmental Decision-Making (OUP, 1995), with Tim Jewell, and is editor, with Willem van Boom, of a collection of essays entitled Mass Justice: Challenges of Representation and Distribution (Edward Elgar, 2011) and, with TT Arvind, of Tort Law and the Legislature: Common Law, Statute, and the Dynamics of Legal Change (Hart, 2012). She is the holder of a Leverhulme Major Research Fellowship, Liability, Insurance and Society.