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Legislative reform of warranties in South African marine insurance law
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 ins...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613327699476480 |
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| access_status_str | Open Access |
| author | Brown, Gavin |
| author2 | Hare, John |
| author_browse | Brown, Gavin Hare, John |
| author_facet | Hare, John Brown, Gavin |
| author_sort | Brown, Gavin |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43000 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:34:23.309Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43000 Legislative reform of warranties in South African marine insurance law Brown, Gavin Hare, John South African marine insurance law 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. 2026-03-18T09:00:57Z 2026-03-18T09:00:57Z 2010 2026-03-18T08:14:22Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43000 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | South African marine insurance law Brown, Gavin Legislative reform of warranties in South African marine insurance law |
| thesis_degree_str | Master's |
| title | Legislative reform of warranties in South African marine insurance law |
| title_full | Legislative reform of warranties in South African marine insurance law |
| title_fullStr | Legislative reform of warranties in South African marine insurance law |
| title_full_unstemmed | Legislative reform of warranties in South African marine insurance law |
| title_short | Legislative reform of warranties in South African marine insurance law |
| title_sort | legislative reform of warranties in south african marine insurance law |
| topic | South African marine insurance law |
| url | http://hdl.handle.net/11427/43000 |
| work_keys_str_mv | AT browngavin legislativereformofwarrantiesinsouthafricanmarineinsurancelaw |