dc.contributor.advisor | Kloppers, H J | |
dc.contributor.author | Botes, Estian Jacobus | |
dc.date.accessioned | 2017-01-27T08:05:24Z | |
dc.date.available | 2017-01-27T08:05:24Z | |
dc.date.issued | 2015 | |
dc.identifier.uri | http://hdl.handle.net/10394/19874 | |
dc.description | LLM (Estate Law), North-West University, Potchefstroom Campus, 2016 | en_US |
dc.description.abstract | This mini-dissertation has as its focus the application of the doctrine of an
insurable interest in South Africa. The research question to be answered was to
what extent, if any, an insurable interest should be considered to constitute a
requirement for the validity of an insurance contract. The overall approach was to
analyse and discuss the case law and academic literature with regard to the
definition and application of the doctrine.
Due to the fact that the difficulties experienced with regard to the doctrine are
not unique to South Africa, a comparative approach was adopted. The
comparative approach entailed a detailed discussion regarding the definition and
application of the doctrine in Great Britain and Australia.
The research will show that the doctrine has dubious historical origins and that
the importation of the doctrine is questionable at best. Furthermore, the doctrine
tends to be anti-consumer in that it provides an obscure technical defence
whereby the insurer is able to avoid performing in terms of the contract of
insurance. Due to the afore-mentioned reasons it is recommended that the
doctrine be scrapped in favour of the indemnity principle that already satisfies the
objectives sought to be achieved by the doctrine. | en_US |
dc.language.iso | en | en_US |
dc.publisher | North-West University (South Africa) , Potchefstroom Campus | en_US |
dc.subject | Insurance | en_US |
dc.subject | Insurable interest | en_US |
dc.subject | Indemnity principle | en_US |
dc.subject | Insurance contract | en_US |
dc.subject | Third party insurance | en_US |
dc.subject | South Africa | en_US |
dc.subject | Great Britain | en_US |
dc.subject | Australia | en_US |
dc.title | Insurable interest as a requirement for insurance contracts : a comparative analysis | en_US |
dc.type | Thesis | en_US |
dc.description.thesistype | Masters | en_US |