Warranties in Marine Insurance

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Psychology Press, 2006 - Law - 312 pages
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For centuries, warranties have played a significant role in the law of marine insurance and have recently sparked debate on a national and international level after calls for reform. This second edition includes a more involved analysis of law reform as well as a discussion of the recent proposals of the Australian Law Reform Commission.

Soyer lucidly analyzes the legal remedy available when a marine insurance warranty is breached as well as setting out the current law on marine insurance warranties. This new edition also includes:

  • a new section on the impact of the International Ship and Port Facility Security Code (ISPS Code)
  • reference to numerous decisions recently handed down by the courts eg. HIH Casualty and General Insurance Ltd. v. New Hampshire Co. and Agapitos v. Agnew (No. 2)
  • a more in-depth discussion of the position in other commonwealth jurisdictions, specially Australia and Canada.
 

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Contents

EXPRESS WARRANTIES
11
IMPLIED WARRANTY OF SEAWORTHINESS
47
OTHER IMPLIED WARRANTIES
115
NATURE OF MARINE WARRANTIES
133
WAIVER OF BREACH OF MARINE INSURANCE WARRANTIES
155
LEGAL POSITION IN RELATION TO WARRANTIES IN SOME OTHER
179
ffl GENERAL APPROACH IN RELATION TO ALTERATION
184
A CASE FOR REFORM?
199
SELECT BIBLIOGRAPHY
223
APPENDIX 1
233
APPENDIX 2
255
APPENDIX 3
265
APPENDIX 4
273
APPENDIX 5
293
Index
307
Copyright

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About the author (2006)

Baris Soyer is a Senior Lecturer in Law, Institute of International Shipping and Trade Law, University of Wales, Swansea.

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