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The insured's non-disclosure in the formation of insurance contracts : a comparative perspective

Tarr, Anthony & Tarr, Julie-Anne (2001) The insured's non-disclosure in the formation of insurance contracts : a comparative perspective. International and Comparative Law Quarterly, 50(3), pp. 577-612.

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Abstract

The requirements that an insured disclose all facts material to a transaction as well as not misrepresent material facts in the formation of an insurance contract are universal requirements of insurance law. The nature and extent of these obligations varies from one jurisdiction to the next. Disclosure in the insurance context is distinct from the general approach in commercial contracts, and in others between persons dealing at arm's length. It is the purpose of this article therefore to examine, on a comparative basis, the approaches adopted in the Anglo-Commonwealth context of England, Australia New Zealand and Singapore to the resolution of disclose issues in the formation of insurance contracts. Particular attention is focused on the Insurance Contracts Act 1984 (Australia) as this statue effects the most significant overhaul of the common law and the National Consumer Council in the United Kingdom has advocated that similar reforms be adopted.

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ID Code: 31824
Item Type: Journal Article
Additional URLs:
Keywords: Contract law, Insurance, Comparative law, Disclosure
DOI: 10.1093/iclq/50.3.577
ISSN: 0020-5893
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Comparative Law (180106)
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 2001 Cambridge University Press
Deposited On: 19 Apr 2010 09:20
Last Modified: 11 Aug 2011 03:46

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