scholarly journals Utmost good faith is dead, long live utmost good faith? A historical overview of good faith in (marine) insurance in England and South Africa

Author(s):  
Daleen Millard ◽  
Samantha Huneberg
ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Author(s):  
Tahmina Shahin Alizada ◽  

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest


Obiter ◽  
2021 ◽  
Vol 40 (1) ◽  
Author(s):  
Samantha Huneberg

Insurance law in the United Kingdom (UK) has recently undergone significant reforms. Until 2015, insurance law in the United Kingdom was still largely regulated by the Marine Insurance Act 1906. This meant that a statute created over a hundred years ago was still regulating insurance law. The need for the more recent reforms was evidently dire. The Law Commission undertook an investigation that highlighted the need for new insurance laws. The result was the enactment of the Insurance Act 2015. There are some significant changes in the new Act concerning fraudulent claims, breaches of good faith and the duty of disclosure. The new laws appear to be much more pro-policyholder than was the case in the previous regime. This article undertakes a detailed analysis of these reforms and also presents a comparison with South African laws. The ultimate question is whether South Africa can learn anything from the recent reforms to UK insurance law.


2014 ◽  
Vol 70 (1) ◽  
Author(s):  
Johan Van der Merwe

Poverty is one of the greatest threats to society. In South Africa it is also one of the biggest challenges. This article starts with the challenges put to society by Mr Trevor Manuel at the Carnegie 3 conference. It then explores the possibility of if and how the church can act as a non-governmental organisation in the fight against poverty. A historical overview of the actions of Rev. E.P. Groenewald, during the drought of 1933–1934 in the Dutch Reformed Church Bethulie, serves as a case study of how the church can make a difference. It, however, also illustrates the many pitfalls on this challenging road. The article comes to the conclusion that the main challenge of the church in the fight against poverty is to act as a non-governmental organisation, which transforms values and assists society with good organisation and administration.


Author(s):  
C.M. Cameron

When looking back into the history of botulism and contemplating the final understanding of the syndrome and the ultimate solutions, there are four facets that stand out clearly. The first is that much of the solution was guided by astute observations, curious travellers, committed veterinarians and particularly farmers themselves who were able to relate the occurrence of the condition to climatic and grazing conditions. Secondly, there was the identification of the osteophagia and pica syndrome which led to the feeding of bone-meal as a successful mitigating measure as well as the establishment that botulism was not due to a plant poisoning. Thirdly, the solution of the problem depended on the integration of experience and knowledge from diverse disciplines such as soil science, animal behaviour and husbandry, nutrition, botany and ultimately advanced bacteriology and the science of immunology. Finally it required the technical advancement to produce toxoids in large quantities and formulate effective aluminium hydroxide precipitated and oil emulsion vaccines.


Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Fiona Leppan ◽  
Avinash Govindjee ◽  
Ben Cripps

While good-faith bargaining is recognized in many overseas jurisdictions and by the International Labour Organisation, such a duty has not been incorporated in South African labour legislation. Given the many recent examples of labour unrest in South Africa, it is time to consider whether there should be a duty to bargain in good faith when taking part in collective bargaining. Recognizing such a duty would arguably benefit both employers and employees and South Africa as a whole.


2020 ◽  
Vol 11 (01) ◽  
pp. 99-107
Author(s):  
Mingting Zhu
Keyword(s):  

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