i-law

Law of Insurance Warranties, The


Page 191

CHAPTER 11

Issues: Problems with the law on warranties and potential solutions for resolving them

In defence of the law on warranties

11.1 In 1796 JA Park argued1

and though the condition broken be not perhaps a material one, yet the justice of the law is evident from this consideration: that it is absolutely necessary to have one rule of decision, and that it is much better to say that warranties shall in all cases be strictly complied with, than to leave it in the breast of a judge or jury to say, that in one case it shall, and in another it shall not. The very meaning of a warranty is to preclude all inquiries into the materiality or the substantial performance of it, and although sometimes partial inconveniences may arise from such a rule, yet upon the whole, it will certainly produce public salutary effects.2

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.