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Utmost good faith in insurance : reform overdue?

Tarr, Anthony & Tarr, Julie-Anne (2002) Utmost good faith in insurance : reform overdue? Asia Pacific Law Review, 10(2), pp. 171-184.

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Abstract

Considerable attention has been devoted to the duty or doctrine of utmost good faith in the academic literature and in the courts. This attention ranges from an analysis of the precise legal basis for the duty through a consideration of the continuing nature of that duty in the post-contract environment.It is quite clear that all contracts of insurance are subject to this duty of utmost good faith. What is less clear and certain are the incidents attendant upon such a duty and the scope of the obligations that such a duty imposes. This article examines the relative positions that have been reached in England and Australia and concludes with some recommendations for legislative reform to this area of the law.

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ID Code: 31808
Item Type: Journal Article
Keywords: Insurance, Contract Law, Australia, United Kingdom, Consumer law
ISSN: 1019-2557
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Commercial and Contract Law (180105)
Australian and New Zealand Standard Research Classification > COMMERCE MANAGEMENT TOURISM AND SERVICES (150000) > BANKING FINANCE AND INVESTMENT (150200) > Insurance Studies (150204)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2002 Kluwer Law International
Deposited On: 16 Apr 2010 08:41
Last Modified: 11 Aug 2011 03:46

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