Illegality in Marine Insurance Law
Page 187
Index
Index
- Canada 160
- warranty of legality issue 160
- causation principle 65–8
- common law illegality 53, 121–6
- common law illegality defence
- common law rules 129
- Commonwealth jurisdictions 4
- condition
- consistency principle 68–9
- continuing warranty 19
- contract illegality
- contract terms
- classes 47
- contracts rendered illegal by common law 96–113
- common law 99
- conduct of parties 98
- corrective factors 105
- consistency test 109
- deterring unlawful or immoral conduct 110–11
- development 96–7
- different knowledge of parties 100
- exceptions 107–9
- general principles 97–107
- innocent party, and 100
- intention of parties 114
- intention to commit legal wrong 99–100
- knowledge of illegal intention 103
- knowledge of illegality 105
- maintaining integrity of courts 111–12
- minor illegality 104
- origin 96–7
- participation 106
- participation in illegal purpose 100
- profit from illegality 109–10
- proportionate test 112–13
- protecting purpose of law 107–9
- public policy, and 96–113
- punishments 112
- rationale behind public policy 107–13
- reliance principle 106–7
- remoteness 101–2
- seriousness of illegality 105–6
- statutory illegality, and 98–9
- statutory illegality distinguished 113–15
- contracts rendered illegal by statute 91–6
- contract law
- contract law illegality
- crew
- sufficient or competent 36
- illegal adventure
- illegal adventure by statute 33
- illegal adventures because of violation of public policy and common law 34
- illegal adventures by King’s or Council’s order 33
- illegal performance of marine insurance contracts 29–51
- illegality defence 2
- illegality defence in contract law 91–128
- illegality defence in tort law 55–90
- application of rationales in insurance 81–5
- application to insurance law 74–89
- benefit principle in insurance 79–81
- causation principle 65–8
- consistency principle 68–9
- ex turpi causa 55–6
- general principles under insurance law 77–89
- illegal act conducted by claimant subjectively 57
- illegality of act committed by claimant because of defendant’s former tort 59–60
- importance of exturpi causa 75–6
- intention of statute principle 74
- kinds of illegality 56–60
- narrow and wider rule in insurance law 77–9
- “no duty of care” principle 62–4
- origin 55–6
- principle based on 60–74
- proper way of dealing in insurance law 85–7
- proportionality principle 72–4
- public conscience test 60–2
- public policy, and 56, 60–2
- reliance principle 64–5
- seriousness of illegal conduct 69–72
- specifity of issue in motor insurance 87–9
- illegality of performance 36–42
- agent, and 40–1
- control, and 37–8
- formation 38–40
- knowledge of assured 42
- origin 36–42
- scope 36–42
- so far as the assured can control the matter 40–2
- species 38–40
- violation of common law and public policy 40
- violation of King’s or Council’s order and licence 38–9
- violation of statute 38
- violation of treaties between nations 39
- implied warranty 19, 31
- Insurance Act 2015 161–75
- application on warranty of legality 168–73
- “basis of contract” clauses 174
- breach of warranty 164–6
- causal link and section 11 166–8
- change of circumstances, and 169
- change of law, and 169
- effect of remedy of breach 171
- market’s reaction on 173–175
- P&I Club, and 174
- random breach of warranty of legality 172
- “risk has not been altered” 171
- strict compliance with warranty 170
- terms not relevant to actual loss, and 167
- terms which define the risk as a whole, and 175
- warranties 164–6
- warranty of legality, and 161–75
- intention of statute principle 74
- sail without licence or convoy 35
- seaworthiness 21–4
- section 41
- Marine Insurance Act 1906 42–51, 131–4
- abolition of warranty of legality, proposal for 178–81
- breach of warranty and loss 46–7
- character and function of law, and 46
- common law principles, and 179–80
- exception, and 43–4
- express terms, proposal for 177
- insufficiencies 42–51
- intention of law, and 45
- intention of parties, and 44–5
- nature of 131–4
- post-contractual requirement 133–4
- pre-contractual requirement 133–4
- reform, need for 177
- reform,
proposal for 177–83Page 189
- specificity 138–9
- technology advances, and 179
- violation, statutory illegality and 132–3
- warranty of legality as implied warranty 47–51
- statutory illegality rules
- strict compliance principle 11–12, 49
- violation of common law and public policy 40
- violation of King’s or Council’s order and licence 38–9
- violation of treaties between nations 39
- waiver of warranty 25–7
- warranty of legality
- warranties
- breach 13
- causation 12
- classifications 19–20
- condition compared 47–8
- construction 16–18
- context 18
- de minimis rule 11–12
- definition 13–14
- development 10–16
- early development 10–11
- exception, and 15
- fundamental principles 11
- Insurance Act 2015 164–6
- intention of policy in commercial context 20
- origin 10–16
- sole description of risk 14
- strict compliance principle 11–12
- words of policy and 17
- warranties in contract law 9–10
- warranty of legality 21
- warranty of neutrality 21
- warranty of seaworthiness 21–4