Insurance and the Law of Obligations

TY - BOOK

T1 - Insurance and the Law of Obligations

AU - Steele, Jenny

AU - Merkin, Rob

PY - 2013/8

Y1 - 2013/8

N2 - Aims to fill a significant gap in the general understanding of the law of obligations, by focusing on the place of insurance within it. Argues that the majority of academic obligations lawyers have little knowledge of insurance law in its own right, and that the amount of discussion directed to insurance is disproportionately tiny in relation to the impact of insurance and insurance law on the law of obligations and more broadly. Seeks to address this lack of coverage by exploring 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. Combines conceptual and doctrinal analysis in order to inform and engage, while also making a distinctive contribution to broader discussion about the nature of private law, including the role of judicial and public purpose; and the place of formalism and of contextualism. Argues for wider recognition of the multiple impacts of insurance, and suggests that such recognition will have a number of important implications for obligations lawyers. In particular, suggests that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. Provides a structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, equipping its readers for further enquiry and debate.

AB - Aims to fill a significant gap in the general understanding of the law of obligations, by focusing on the place of insurance within it. Argues that the majority of academic obligations lawyers have little knowledge of insurance law in its own right, and that the amount of discussion directed to insurance is disproportionately tiny in relation to the impact of insurance and insurance law on the law of obligations and more broadly. Seeks to address this lack of coverage by exploring 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. Combines conceptual and doctrinal analysis in order to inform and engage, while also making a distinctive contribution to broader discussion about the nature of private law, including the role of judicial and public purpose; and the place of formalism and of contextualism. Argues for wider recognition of the multiple impacts of insurance, and suggests that such recognition will have a number of important implications for obligations lawyers. In particular, suggests that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. Provides a structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, equipping its readers for further enquiry and debate.

KW - Insurance – Contract – Tort – Obligations – Liability – Recoverability - Formalism – Contextualism – Risk Allocation – Risk Pooling - Risk Spreading – Responsibility

M3 - Book

SN - 978-0-19-964574-9

BT - Insurance and the Law of Obligations

PB - Oxford University Press

CY - Oxford

ER -