Thesis (Ph. D.)--University of Wisconsin--Madison, 1961. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references.

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Thèse. Droit. Grenoble. 1931.

Apples and pears may be related fruits, but that does not mean they are the same! If I were to host a dinner party and intended to bake and serve an apple tart, but was delivered pears, I would end up with a pear frangipane and some very disappointed house guests. The context in which words are communicated is very important - apples and pears could relate to fruits or indeed stairs. Recognising intention as being important even in social contracts highlights the importance of intention in commercial transactions. The utility of contract law is to facilitate the agreement of parties and the rights and obligations assumed by them -this is the true essence of contract. Reverting to the analogy above, indemnity clauses although in some cases achieving similar ends as exclusion clauses, are not intended to result in exclusions of liability but are a more specific method of contractual risk management. One could infer that parties who specifically make use of indemnity clauses do not intend these to function as limitation of liability clauses, neither would they have intended such clauses be construed an exclusion of liability. Exclusion clauses could be construed as defences to accrued rights, however a central theme in this thesis is that an exclusion clause is clear in its function- it negates the accrual of a primary duty, implied by law. An indemnity on the other hand undeniably relates to secondary obligations to compensate or make good loss upon breach of primary obligations to perform. An indemnity clause, transfers secondary obligations to compensate to another who has assumed such obligation(s). In most cases the transferred obligation is financial; an indemnity is similar to a contractual insurance in this sense. An indemnity clause is not an exclusion clause. The difference is not only academic but also relevant to commerce. As the indemnity becomes a more common feature in high risk and high value contracting, certainty of its meaning is all too important. Where an indemnity is misconstrued as an exclusion of liability, the latter a duty defining clause, this could have an effect on the insurance arrangements between the parties ultimately making the venture uneconomical for one or both of the parties. The certainty of a contractual term enhances its effectiveness and consequently reduces the economic transaction costs of its inclusion. Thus, parties can focus on the first stage of Posner's transaction cost theory – 'negotiations and drafting' enhancing the utility of contract law.

Inaug.-Diss.--Basel. / Curriculum vitae. "Literaturverzeichnis": p. 93-97.

Inaug.-Diss.--Basel. / Curriculum vitae. "Literaturverzeichnis": p. 93-97.

It is well known that in English law the indemnity insurers stand in a better position than the assureds and this is especially true when a claim is delayed: in that scenario, the insurer is neither liable for the damage caused by the late payment, nor for the compound interest. In Sprung v. Royal Insurance ([1999] 1 Lloyd's Rep IR 111) this unfair situation was justified by the Court of Appeal, naturally, it brought an opportunity for the Law Commission to reconsider the law. Recently, the new Insurance Act 2015 has been enacted and subsequently amended by the Enterprise Act 2016 in regards to the insurer’s obligation to make a timely payment; however, the legal effect of the new legislation is unknown due to the lack of binding precedents. In this work, the duty of the indemnity insurer shall be discussed in full and this work will try to make a contribution to the interpretation of the new legislation regarding to the obligation of the insurer and remedies for the assured.

The customizable area whole farm insurance (CAWFI) is proposed and evaluated as a possible wholearm revenue protection design for crop farms. The evaluation included assessing appropriate weight, optimal scale, and optimal coverage level. The optimal CAWFI was tested against no insurance program, 90% farm level whole farm insurance (90% CFWFI), and CAWFI with scale and coverage level as provisioned in GRP product (restricted CAWFI) in representative farm in Kansas, North Dakota, Illinois, and Mississippi. The study finds the optimal CAWFI outperforms no insurance program and restricted CAWFI asserting that CAWFI is a workable insurance model and relaxing restriction on scale and coverage level can increase expected utility of farmers. The optimal CAWFI results in a risk reduction roughly equal with 90% farm-level wholefarm insurance though the expected indemnities in it are at least three fold.

1. There are two major pieces of work (the Code Review and Sutton) and a number of themes that are the subject matter for this submission. The Insurance Council of Australia appointed me as the Independent Reviewer of the General Insurance Code of Practice, under the Code and the Terms of Reference, on 3 May 2012. 2. The Code Review work took about two years and involved the Code Issues Paper in October 2012 of 111 pages and the Code Review Report in May 2013 of 205 pages. The majority of my recommendations were accepted and the report has made a contribution to the rethinking of self-regulation and the place of voluntary codes in financial services. By then I was writing, with Professor Robert Merkin QC Sutton on Insurance Law for its 4th Edition. It is two volumes, 24 chapters and about 2100 pages excluding tables and index; my contribution was 12 chapters totalling about 960 pages. 3. The Code Review work, particularly on government agency regulation and self-regulation, influenced the pervasive material in Sutton on regulation. It was the subject of the AIDA Rome paper in 2014 on Principles for Self-Regulation; the paper was published by AIDA. 4. Sutton was published in 2015. Its themes are set out below. Those themes are in turn influences in the other work for this submission. There are seven main themes in the publications which I present in this submission. 5. The historical influences in relation to my Code Review and the historical contextual material in Sutton stimulated my interest in the wider influences on the development of commerce, insurance and law, with a central interest in the ethical foundations of the law and regulation. This aspect was also developed in the Masel Lecture and the article William Murray, Lord Mansfield: His Life, Times and Legacy – Good Faith and Good Works. 6. There had been a number of issues raised in my Code Review about mental illness, insurance and discrimination. I spoke at AIDA in Rome 2014 on Insurance Discrimination Law and the paper was published by AIDA. Then in 2016, the Australian Centre for Financial Studies commissioned me to write the ACFS MID Paper on the use by insurers of mental illness data. The historical perspective and the regulatory framework were important features of both papers. 7. A number of the Sutton themes were first opened out in my Professional Indemnity Insurance Law. The main themes were, in decreasing order of connection with Professional Indemnity Insurance Law, as follows. The first theme is the identification, development and application of the indemnity principle. The second is the adaptation and application of the analysis of contracts by primary and secondary obligations. This theme is in Sutton on the main concepts in insurance as well as liability insurance issues. The Liability Disputes Chapter condenses this thinking and account. The third theme was a renovation of how life insurance issues should be analysed and presented. This life insurance material was then adapted and infused with practical guidance on the decision making process on some issues for the FOS Life Insurance Manual. I developed an aspect of life insurance in the TPD Article. Each of these themes are in my submission original in concept and execution. Each has influenced the development of the law by legisation and the courts.

Consulting Engineers worldwide, and in South Africa, render a professional service to clients consisting of project feasibility studies, planning reports, design, documentation and construction monitoring for infrastructure projects. In rendering this service, consulting engineers are subject to certain project risks that can have a huge influence on their company’s success and hence their profitability. Quality Management is an instrument through which the risks associated with consulting engineering can be mitigated to a certain degree, if a Quality Management System (QMS) is successfully introduced and continuously managed. The QMS must conform to the requirements of a recognized system like the International Organization for Standardization (ISO), and in this particular case ISO 9001, which is a model for quality assurance systems in design, development, production, installation and servicing. The quality system requirements of ISO 9001 are aimed at preventing nonconformity at all phases of the product life cycle from design and/or development to servicing. The study was carried out by obtaining a convenience sample of qualitative questionnaires among professional civil engineers in consulting management positions, testing their experience of a QMS. This study has indicated that a QMS can only be successful in a company if the users have a positive attitude towards the system, and if they believe in the benefits thereof. It is therefore required that the system be launched and maintained in a user-friendly manner, with the emphasis on real risk-reducing aspects. As one of the requirements of ISO 9001 is continuous improvement of the system, recommendations are made in this study towards improving the QMS of the particular company. The influence of a QMS on the frequency and extent of Professional Indemnity cases against a company was investigated and reported on by studying 20 case studies of projects that have experienced difficulties, and have resulted in lawsuits against the consulting engineer. / Thesis (MBA)--North-West University, Potchefstroom Campus, 2013