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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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(p.333) 13 Insurance
A History of Private Law in Scotland: Volume 2: Obligations


Oxford University Press

This chapter focuses on insurance, a principal method of allocating risk which occurred fairly late in the laws of Scotland. There existed a reference to the insurance of a Scottish vessel in 1621 yet, in general, insurance were not discussed during the 16th and early 17th centuries until Stair made a brief reference to insurance in his discussion of contracts of exchange. This chapter outlines the history of the development of insurance in Scots law—a once ignored method of risk allocation which has to the present day became the most important method of allocating risk in Scotland. The chapter attempts to address the following questions: How did the law applied in the Scottish courts and expounded by jurists develop? What influences played a part in these developments and how permanent were these developments?

Keywords:   insurance, allocating risk, Scots law, risk, contracts of exchange

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