Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study
Dissertation (LLM (Insurance and Governance Law))--University of Pretoria, 2024.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2025
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613436902375424 |
|---|---|
| access_status_str | Open Access |
| author2 | Ncube, Princess |
| author_browse | Ncube, Princess |
| author_facet | Ncube, Princess |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM (Insurance and Governance Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/101068 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:07.570Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/101068 The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study Ncube, Princess Ncube, Princess Thembelihle mabasavl@gmail.com Mabasa, Vonani Lucky UCTD Sustainable Development Goals (SDGs) Misrepresentation Non-disclosure Utmost good faith Didcott principle Remedies Insurance Dissertation (LLM (Insurance and Governance Law))--University of Pretoria, 2024. Section 53 of the Short-term Insurance Act 53 of 1998 and section 59 of the Long-term Insurance Act 52 of 1998 deal with misrepresentation, and denies the parties to the insurance contract of the common law right to cancel the policy on the ground of misrepresentation, unless such misrepresentation is material. Both Acts did not define what is material and to what extent does the parties have to disclose during negotiation stages. Our courts depend on the Roman-Dutch law when confronted with insurance dispute whereas, the principle of utmost good faith had been rejected as it is part of the English law. Different types of misrepresentation call for different remedies in terms of the common law. The comparation with one of the best world insurance law, Australia was made. The uncertainty of duration upon which the parties to insurance contract may disclose the change in the material circumstances had been explored, although seem to favours the insurers than the insured. In this dissertation, ways in which the parties to insurance contract may reduce having their contract be invalidated due to misrepresentation and non-disclosure had been investigated. The impact of rejecting the utmost good faith principle had been discussed and the proposal to harmonize the Roman-Dutch law and English, which will reduce the impact of non-disclosure and misrepresentation in insurance contract. Mercantile Law LLM (Insurance and Governance Law) Unrestricted Faculty of Laws None 2025-02-19T14:49:48Z 2025-02-19T14:49:48Z 2025-04 2024-11 Dissertation * A2025 http://hdl.handle.net/2263/101068 https://doi.org/10.25403/UPresearchdata.28443932 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Misrepresentation Non-disclosure Utmost good faith Didcott principle Remedies Insurance The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title | The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title_full | The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title_fullStr | The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title_full_unstemmed | The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title_short | The impact of material non-disclosure and misrepresentation in South African insurance law : a comparative study |
| title_sort | impact of material non disclosure and misrepresentation in south african insurance law a comparative study |
| topic | UCTD Sustainable Development Goals (SDGs) Misrepresentation Non-disclosure Utmost good faith Didcott principle Remedies Insurance |
| url | http://hdl.handle.net/2263/101068 https://doi.org/10.25403/UPresearchdata.28443932 |