Insurance and the Law of Obligations

Hardcover | September 10, 2013

byRob Merkin, Jenny Steele

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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 theamount 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 ofinsurance 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 normativetheories 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 thecontemporary 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.

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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 theamount of discussion directed to insurance in pr...

Rob Merkin is Professor of Commercial Law at the University of Exeter, Honorary Professor of Law at the University of Auckland, and a consultant to international law firm Norton Rose Fulbright. He is the author of over 40 books on insurance, reinsurance, and arbitration, and lectures on insurance and reinsurance law at universities wo...
Format:HardcoverDimensions:480 pages, 9.69 × 6.73 × 0.1 inPublished:September 10, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199645744

ISBN - 13:9780199645749

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Table of Contents

Part I: Introducing Insurance and Obligations1. Locating Insurance in the Law of Obligations2. Theoretical Approaches to Insurance3. Nature of Insurance: Insurance Contracts and Insurance Market4. Regulation of InsurancePart II: Core Issues - Understanding Insurance in the Law of Obligations5. Subrogation6. Loss Spreading7. Risk Allocation in Voluntary Arrangements8. Tort and Risk Allocation9. Compulsory Insurance10. Interpretation: The Influence of Liability on InsurancePart III: The Issues Illustrated11. Vicarious Liability12. Ex Turpi Causa13. Mesothelioma14. FloodsPart IV: Conclusions15. The Implications of our Study