Illegality in Marine Insurance Law
Page 187
Index
Index
- Canada
- causation principle –
- common law illegality , –
- common law illegality defence
- common law rules
- Commonwealth jurisdictions
- condition
- consistency principle –
- continuing warranty
- contract illegality
- contract terms
- contracts rendered illegal by common law –
- common law
- conduct of parties
- corrective factors
- consistency test
- deterring unlawful or immoral conduct –
- development –
- different knowledge of parties
- exceptions –
- general principles –
- innocent party, and
- intention of parties
- intention to commit legal wrong –
- knowledge of illegal intention
- knowledge of illegality
- maintaining integrity of courts –
- minor illegality
- origin –
- participation
- participation in illegal purpose
- profit from illegality –
- proportionate test –
- protecting purpose of law –
- public policy, and –
- punishments
- rationale behind public policy –
- reliance principle –
- remoteness –
- seriousness of illegality –
- statutory illegality, and –
- statutory illegality distinguished –
- contracts rendered illegal by statute –
- contract law
- contract law illegality
- crew
- foreign law illegality , –
- criticism of current marine insurance law –
- English legal position –
- marine insurance law, and –
- possible methods for dealing with –
-
requirements for effectiveness –Page 188
- violation of foreign law –
- formation of illegal adventure –
- illegal adventure
- illegal adventure by statute
- illegal adventures because of violation of public policy and common law
- illegal adventures by King’s or Council’s order
- illegal performance of marine insurance contracts –
- illegality defence
- illegality defence in contract law –
- illegality defence in tort law –
- application of rationales in insurance –
- application to insurance law –
- benefit principle in insurance –
- causation principle –
- consistency principle –
- ex turpi causa –
- general principles under insurance law –
- illegal act conducted by claimant subjectively
- illegality of act committed by claimant because of defendant’s former tort –
- importance of exturpi causa –
- intention of statute principle
- kinds of illegality –
- narrow and wider rule in insurance law –
- “no duty of care” principle –
- origin –
- principle based on –
- proper way of dealing in insurance law –
- proportionality principle –
- public conscience test –
- public policy, and , –
- reliance principle –
- seriousness of illegal conduct –
- specifity of issue in motor insurance –
- illegality of performance –
- implied warranty ,
- Insurance Act 2015 –
- application on warranty of legality –
- “basis of contract” clauses
- breach of warranty –
- causal link and section –
- change of circumstances, and
- change of law, and
- effect of remedy of breach
- market’s reaction on –
- P&I Club, and
- random breach of warranty of legality
- “risk has not been altered”
- strict compliance with warranty
- terms not relevant to actual loss, and
- terms which define the risk as a whole, and
- warranties –
- warranty of legality, and –
- intention of statute principle
- sail without licence or convoy
- seaworthiness –
- section
- Marine Insurance Act 1906 –, –
- abolition of warranty of legality, proposal for –
- breach of warranty and loss –
- character and function of law, and
- common law principles, and –
- exception, and –
- express terms, proposal for
- insufficiencies –
- intention of law, and
- intention of parties, and –
- nature of –
- post-contractual requirement –
- pre-contractual requirement –
- reform, need for
- reform,
proposal for –Page 189
- specificity –
- technology advances, and
- violation, statutory illegality and –
- warranty of legality as implied warranty –
- statutory illegality rules
- strict compliance principle –,
- violation of common law and public policy
- violation of King’s or Council’s order and licence –
- violation of treaties between nations
- waiver of warranty –
- warranty of legality
- warranties
- breach
- causation
- classifications –
- condition compared –
- construction –
- context
- de minimis rule –
- definition –
- development –
- early development –
- exception, and
- fundamental principles
- Insurance Act 2015 –
- intention of policy in commercial context
- origin –
- sole description of risk
- strict compliance principle –
- words of policy and
- warranties in contract law –
- warranty of legality
- warranty of neutrality
- warranty of seaworthiness –