Illegality in Marine Insurance Law/Незаконность в Законе о морском страховании

Книга на английском языке
The law of illegality in contract and tort is fiendishly complex and elusive. On one view the courts should adhere to strict principles which are to be applied unvaryingly and without judicial discretion, and should refuse to enforce a contract if its making or performance is tainted by illegality.

Contents
Foreword
Preface
Table of cases
Table of statutes
Introduction
Part 1 The warranty of legality in marine insurance law
Chapter 1 Marine insurance law of warranty in general
1.1 Warranties in contract law
1.2 Origin and development of warranties in insurance law and marine insurance law
1.3 Construction of warranties
1.4 Classifications of warranty
1.5 Implied warranties other than warranty of legality
1.6 The effect of breach of warranty: The law before 12 August 2016
1.7 Waiver of warranty
Chapter 2 Illegal performance of marine insurance contracts
2.1 Introduction to the warranty of legality in marine insurance law
2.2 Origin and formation of the warranty of legal adventure in marine insurance law
2.2.1 The origin of the warranty of legal adventure
2.2.2 Explaination of the word “lawful”
2.2.3 Formation of illegal adventure
2.3 Origin and scope of the warranty of legal performance in marine insurance law
2.3.1 Origin of the warranty of legal performance in marine insurance law
2.3.2 Species and formation of illegal performance
2.3.3 Scope of “so far as the assured can control the matter”
2.4 The insufficiencies of section 41 of the 1906 Marine Insurance Act
2.4.1 Should the warranty of legality be regulated as an implied warranty in section 41?
2.5 Conclusion on nature of section 41
Part 2 Background to common law illegality
Chapter 3 The illegality defence in tort law and the ex turpi causa defence in insurance
3.1 The illegality defence in tort law
3.1.1 The origin of the illegality defence in tort law
3.1.2 Which kinds of claimant’s illegality may trigger the illegality defence?
3.1.3 The principle based on which the claimant’s claim is barred because of illegality
3.2 The application of the tort illegality defence to insurance law
3.2.1 Why the ex turpi causa defence is important in insurance
3.2.2 General principles under insurance law which relate to the illegality defence in tort
3.3 Conclusion
Chapter 4 The illegality defence in contract law and its application in insurance contracts
4.1 Introduction
4.2 Contracts rendered illegal by statute
4.3 Contracts rendered illegal by common law
4.3.1 The origin and development of contract illegality in common law and public policy
4.3.2 General principles of illegality under common law
4.3.3 The rationales behind the public policy which renders the contract illegal
4.4 The difference between statutory illegality and common law illegality under both tort law and contract law
4.5 The application of contract law illegality principles in insurance
4.5.1 Statutory illegality rules in insurance
4.5.2 Insurance illegality under common law
4.6 The difference between tort illegality and contract illegality
4.6.1 The differences between contract law and tort law when dealing with the illegality defence
4.6.2 The reason for these differences
4.7 Conclusion
Part 3 Common law rules in marine insurance: A necessary reform or a supplementary instrument?
Chapter 5 The differences between the illegality defence in common law and the warranty of legality in marine insurance and the reasons for the differences
5.1 The nature of section 41
5.1.1 Is violation of section 41 a statutory illegality?
5.1.2 Section 41 – a pre- contractual or a post- contractual requirement?
5.2 The differences between the common law illegality defence and the warranty of legality in marine insurance
5.2.1 The nature of these two defences is different
5.2.2 The consequences of a breach of the law are different
5.2.3 The rationales underlying the common law illegality defence are more persuasive
5.2.4 Factors and exceptions are different
5.2.5 The specificity of section 41 in marine insurance law
5.2.6 Conclusion
5.3 Why the courts adopt another method when dealing with illegality in marine insurance cases
5.4 Conclusion
Chapter 6 Foreign law illegality in marine insurance law
6.1 The English legal position on foreign law illegality in common law
6.2 The English legal position on foreign law illegality in marine insurance
6.3 A criticism of current marine insurance law with regards to foreign law illegality
6.4 Possible methods for dealing with foreign law illegality in marine insurance
6.5 Conclusion
Chapter 7 The marine insurance legality issue in Australia and other common law jurisdictions
7.1 The Australian legal approach to the illegality issue
7.2 The warranty of legality issue in New Zealand and Canada
7.3 Conclusion
Chapter 8 Warranty of legality from the perspective of the insurance Аct 2015
8.1 Reform recommendations of the Law Commission
8.2 Warranties in the Insurance Act 2015
8.3 Causal link and section 11
8.4 The application of the 2015 Act on warranty of legality
8.5 The market’s reaction to the new Act
8.6 Conclusion
Chapter 9 A proposal for the reform of section 41
9.1 The need for reform
9.2 Reform proposals
9.3 Conclusion
Bibliography
Index