Legislative reform of warranties in South African marine insurance law

dc.contributor.advisorHare, John
dc.contributor.authorBrown, Gavin
dc.date.accessioned2026-03-18T09:00:57Z
dc.date.available2026-03-18T09:00:57Z
dc.date.issued2010
dc.date.updated2026-03-18T08:14:22Z
dc.description.abstractIn South Africa, because of its historical connection with England, it is English law that has come to be applied in the context of insurance. One aspect of English insurance law that has come to be particularly criticised over time is the approach to warranties as specific and unique clauses in insurance contracts. The vociferous nature of the calls for change and the fact that their inequity • has been identified by both courts and commentators for over a hundred years is an indication of the need for change. This paper takes this need for change as its starting point, going on to consider what legislative reform is needed in South Africa to restore order to a particularly untidy area of insurance law. To do this, this paper will set out the application of warranties in South African insurance law by following their development in English law and their complicated reception into our own.
dc.identifier.apacitationBrown, G. (2010). <i>Legislative reform of warranties in South African marine insurance law</i>. (). University of Cape Town ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/43000en_ZA
dc.identifier.chicagocitationBrown, Gavin. <i>"Legislative reform of warranties in South African marine insurance law."</i> ., University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010. http://hdl.handle.net/11427/43000en_ZA
dc.identifier.citationBrown, G. 2010. Legislative reform of warranties in South African marine insurance law. . University of Cape Town ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/43000en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Brown, Gavin AB - In South Africa, because of its historical connection with England, it is English law that has come to be applied in the context of insurance. One aspect of English insurance law that has come to be particularly criticised over time is the approach to warranties as specific and unique clauses in insurance contracts. The vociferous nature of the calls for change and the fact that their inequity • has been identified by both courts and commentators for over a hundred years is an indication of the need for change. This paper takes this need for change as its starting point, going on to consider what legislative reform is needed in South Africa to restore order to a particularly untidy area of insurance law. To do this, this paper will set out the application of warranties in South African insurance law by following their development in English law and their complicated reception into our own. DA - 2010 DB - OpenUCT DP - University of Cape Town KW - South African KW - marine KW - insurance law LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 T1 - Legislative reform of warranties in South African marine insurance law TI - Legislative reform of warranties in South African marine insurance law UR - http://hdl.handle.net/11427/43000 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/43000
dc.identifier.vancouvercitationBrown G. Legislative reform of warranties in South African marine insurance law. []. University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43000en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectSouth African
dc.subjectmarine
dc.subjectinsurance law
dc.titleLegislative reform of warranties in South African marine insurance law
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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