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The interpretation of insurance contracts in South African and English law
Dissertation (LLM (Insurance and Corporate Governance))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613541946621952 |
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| access_status_str | Open Access |
| author2 | Grove, N.J. |
| author_browse | Grove, N.J. |
| author_facet | Grove, N.J. |
| collection | Thesis |
| dc_rights_str_mv | © 2024 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 Corporate Governance))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/103167 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:47.729Z |
| 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:2263/103167 The interpretation of insurance contracts in South African and English law Grove, N.J. jmitchley7@gmail.com Mitchley, Justine UCTD Contractual Interpretation South African law English law Insurance contracts Common law principles Policy wording COVID-19 lockdowns Legal framework Dissertation (LLM (Insurance and Corporate Governance))--University of Pretoria, 2024. The principles relevant to contract interpretation concerning South African law experienced substantial development. Although a contract of insurance is subject to the general law of contract, the insurance industry in South Africa has become highly regulated, resulting in additional duties and obligations enforced against insurers. Conversely, contracts are not governed by statute but by the common law. South African common law is primarily based on Roman Dutch law, but South African law has also been significantly influenced by English law, especially in areas such as procedure, evidence, company law, and insurance. To this day, English law decisions are persuasive to the South African courts, and the principles of the English law of insurance profoundly influence South African insurance law. This research considers the fundamental principles of interpreting a commercial contract in South Africa, how an insurance agreement will be interpreted under South African law, and the differences and similarities between interpreting a commercial contract and a contract of insurance. Since South African common law has been influenced by English law, this study also considers the position regarding interpreting an insurance agreement under English law and the differences and similarities between interpreting an insurance agreement under South African law and English law. Mercantile Law LLM (Insurance and Corporate Governance) Unrestricted Faculty of Laws 2025-07-03T12:33:43Z 2025-07-03T12:33:43Z 2025-09 2024-12 Mini Dissertation * S2025 http://hdl.handle.net/2263/103167 Disclaimer letter en © 2024 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 Contractual Interpretation South African law English law Insurance contracts Common law principles Policy wording COVID-19 lockdowns Legal framework The interpretation of insurance contracts in South African and English law |
| title | The interpretation of insurance contracts in South African and English law |
| title_full | The interpretation of insurance contracts in South African and English law |
| title_fullStr | The interpretation of insurance contracts in South African and English law |
| title_full_unstemmed | The interpretation of insurance contracts in South African and English law |
| title_short | The interpretation of insurance contracts in South African and English law |
| title_sort | interpretation of insurance contracts in south african and english law |
| topic | UCTD Contractual Interpretation South African law English law Insurance contracts Common law principles Policy wording COVID-19 lockdowns Legal framework |
| url | http://hdl.handle.net/2263/103167 |