Should insurance risk avoidance be reformed and would reform be of a right of equitable rescission or a right sui generis?

Harris, B.E., 2013. Should insurance risk avoidance be reformed and would reform be of a right of equitable rescission or a right sui generis? Journal of Business Law (1), pp. 23-38. ISSN 0021-9460

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Abstract

This article explores the distinction between the alternative explanations for the remedy of insurance risk avoidance in the event of breach of the duty of utmost good faith. It asks whether the remedy is an avoidance of a void contract, or a rescission of a voidable contract. The article then considers the general significance of that distinction to the capacity of a party to exercise its primary right of avoidance, and to the secondary rights of the contracting parties - arising in consequence of the avoidance - to prevent unjust enrichment or achieve restitution. Before considering the potential for - and the desirability of - further reform in the area, the article evaluates the importance of the legal characterisation of insurance risk avoidance in the particular context of insurance contracts affording indemnity to multiple insured parties.

Item Type:	Journal article
Alternative Title:	The reform of insurance risk avoidance: are we reforming a right of contractual rescission or a right sui generis? [working title]
Publication Title:	Journal of Business Law
Creators:	Harris, B.E.
Publisher:	Sweet & Maxwell/Thompson Reuters
Place of Publication:	London
Date:	2013
Number:	1
ISSN:	0021-9460
Rights:	© 2013 Sweet & Maxwell and its Contributors. Permission is for Nottingham Trent University’s Institutional Repository only. Any further use (including storage, transmission or reproduction by electronic means) shall be the subject of a separate application for permission.
Divisions:	Schools > Nottingham Law School
Record created by:	EPrints Services
Date Added:	09 Oct 2015 10:27
Last Modified:	19 Oct 2015 14:32
URI:	https://irep.ntu.ac.uk/id/eprint/13082

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