Here is the synopsis of our sample research paper on Non-Disclosure and Misrepresentation in Australian Insurance Law. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 21 page paper is an in-depth consideration of the concepts of misrepresentation and non disclosure under insurance contract law in Australia, with particular attention paid to the Insurance Contracts Act 1984 and relevant case law. The bibliography cites 20 sources.
Page Count:
21 pages (~225 words per page)
File: TS14_TEausinsurance.rtf
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Unformatted sample text from the term paper:
insurance contracts are governed by general contract law (McKendrick, 2007), but unlike many other types of contract there are some inherent differences which can result in severe asymmetry of information
between the insurer and the insured (Howells and Bain, 2008). Problems such as non disclosure and misrepresentation may be seen as more
relevant in contract as a result of the way that there will be a reliance on the concept of good faith by the insured when they give their information to
the insurer, as it would not be commercially viable for insurers to check the accuracy of all information given to them by all ensures contract applications (Pichard, 2009).
It is an issue that many insurers have to deal with and with which law has had to evolve to accommodate and allow for.
In Australia that has been the development of law dealing with contracts for insurance and based on both legislation as well as common law. In the past the
approach adopted toward insurance is based on English law. For example, the Australian Marine Insurance Act 1909 was effectually a word
for word copy of the English Marine Insurance Act 1906, in addition to this the number of others more statutes which were found in English law relating to insurance have
helped to form the common law principles in the England and Australia, such as Fire Prevention (Metropolis) Act 1774, the Life Assurance Act 1774 and the Marine Insurance Act 1788
(Joske, 1933). However, in some divergences, as seen with the Life Assurance Act 1945, which implemented the protections for the holders of life insurance policies.
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