Warranties and doctrine of alteration of risk during the insurance period: A critical evaluation of the UK Law Commissions’ proposals for reform of the law of warranties
Allbwn ymchwil: Cyfraniad at gyfnodolyn › Erthygl › adolygiad gan gymheiriaid
Fersiynau electronig
Dogfennau eraill
- ILJ 2014 25(2) Warranty
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This paper critically discusses the proposals by the Law Commission of
England and Wales and the Scottish Law Commission for reform of the law
of warranties, examines the doctrine of alteration of risk as an alternative
approach for risk management during the insurance period, and considers
the possibility for the promissory warranty to be replaced by the doctrine of
alteration of risk. It is argued that the Law Commissions’ proposals for reform
of the law are insufficient in terms of mitigating the harshness and unfairness
of remedies for breach of warranty. The remedies in the doctrine of alteration
of risk are much fairer than those for breach of a warranty. An appropriate
model to deal with increase of risk during insurance period is proposed.
Iaith wreiddiol | Saesneg |
---|---|
Rhif yr erthygl | 8 |
Tudalennau (o-i) | 183-209 |
Nifer y tudalennau | 27 |
Cyfnodolyn | Insurance Law Journal |
Cyfrol | 25 |
Rhif y cyfnodolyn | 2 |
Statws | Cyhoeddwyd - 2014 |