It has been pointed out by numerous authorities that the legality issue is one of the most complex and difficult areas in English law. Countless rules and principles have been created by former authorities, on one hand, principles which have been created by common law give guidance to the English courts when deal with this issue, on the other hand, however, these judgments make this area far from clear an stable. However, compared with one more special area, the legality issue in marine insurance law, the instability of rules in English common law makes itself useful instrument. Section 41 of Marine Insurance Act 1906, which is known as warranty of legality, requires the adventure is a lawful and so far as the assured can control the matter, the adventure shall be carried out in a lawful manner. However, this piece of law has imposed a rigid and unfair system on the assured. According to former authorities, it can be seen that, the illegality rules in marine insurance law is far more complex than section 41; and, moreover, English common law also provide useful instruments for marine insurance law. This thesis begins with the analysis of section 41 in marine insurance law and tries to explore the true scope of section 41 in marine insurance. And then the principles of legality issue in English common law will be introduced in detail; furthermore, the pattern of resolve legality issue in Australia and New Zealand will be introduced as well, since the common grounds these three legal systems share. And based on the introduction of the reform which have been taken by Australia and New Zealand, this thesis will try to explore the positive methods which can be absorb by English law as well. And in the end, the new reform of English law on the legality issue in insurance and marine insurance law which has been proposed by the Insurance Contract Law Bill 2014 will be analysed as well, and based on former analysis, this thesis will propose a practical method to reform this issue in English law, that is to apply the common law rules in marine insurance law.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:659391 |
| Date | January 2015 |
| Creators | Wang, Feng |
| Contributors | Merkin, Rob |
| Publisher | University of Exeter |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://hdl.handle.net/10871/18033 |
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