Advanced Insurance Law
THIS COURSE IS NOT ON OFFER IN 2013
Higher postgraduate course, first semester.
See Rules for LLM and MPhil Degrees and Postgraduate Diplomas Students enrolling for this course are required to have an LLB or equivalent degree. The Faculty reserves the right to limit classes to 20 students, with preference given to those who are registered for the specialist programme in Shipping Law.
Advanced Insurance Law commences with an outline of the history of insurance law, from its origins in the marine insurance practices of Italian city states, and its reception through Europe and eastwards to England where much of today‟s insurance law was distilled. The first part of the course concentrates on general principles of insurance law, including the notion of an insurable interest, good faith in insurance contracts, warranties and exceptions; risk and causation and claims procedures. Both short term and long term insurances are dealt in illustrating these general principles.
The second part of the course focuses on marine insurance and on one of life insurance, accident insurance, pension insurance or professional indemnity insurance. A specialist in the field(s) chosen will be invited to present sessions dealing with that area of insurance law.
Where possible, students will be given a practical insight into the workings of the insurance market, and the demands that the industry places on the law to regulate its business. Areas where insurance law could benefit from reform will be discussed. While the course will cover the South African law of insurance, a comparative multi-jurisdictional approach will be taken - both because insurance law has international roots and common threads, and because comparison (especially to jurisdictions represented by foreign students attending the course) gives greater insight to where insurance law has come from, and where it is likely to go.
Satisfactory attendance at, and participation in lectures and seminar sessions. Satisfactory completion of both assignments during the semester.
One three-day full-time session in the second week of the first semester, followed by late afternoon classes 16h30-18h00 once a week until the end of the semester when a second three-day full-time session will be held. Alternatively, two late afternoon sessions for the full semester, 16h30-18h00.
Two assignments (or one assignment and an examined debate) will be set during the semester together counting 50% of the course mark. Late assignments will be penalised with mark deductions. One three hour examination at the end of the semester counting 50% of the final grade.