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It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores 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. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
This book investigates the extent to which insurance influences the practical operation and theoretical foundations of tort and contract law. Authors Jenny Steele and Rob Merkin, both established legal scholars, address the historical neglect of insurance within private law discourse. They argue that the presence of insurance fundamentally alters the traditional two-party framework of private law, necessitating a shift in how legal obligations are interpreted and applied in contemporary practice.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this work as a significant contribution to an under-researched area of private law. Readers frequently note the academic density of the prose, which serves as a foundational text for those examining the structural impact of insurance on legal obligations.
Page Count:
456
Publication Date:
2013-01-01
Publisher:
OUP Oxford
ISBN-10:
019150792X
ISBN-13:
9780191507922
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