No / There is hardly any substantive difference between ‘utmost good faith’ and ‘good faith’. In insurance law there is not a general and independent duty to
act in good faith. This is because the requirement of good faith in insurance
law, although being both general and independent, is neither a statutory duty
nor a common-law duty the breach of which usually gives rise to a cause of
action. Instead it is an interpretative principle in the common law of
insurance. Similarly in civil law jurisdictions, it is not a legal duty either but instead an interpretative principle.
| Identifer | oai:union.ndltd.org:BRADFORD/oai:bradscholars.brad.ac.uk:10454/17805 |
| Date | 05 May 2020 |
| Creators | Han, Yong Qiang |
| Source Sets | Bradford Scholars |
| Language | English |
| Detected Language | English |
| Type | Article, No full-text in the repository |
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