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Insurance and the Law of Obligations$
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Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

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Introduction: Insurance in the Law of Obligations

Introduction: Insurance in the Law of Obligations

(p.2) (p.3) 1 Introduction: Insurance in the Law of Obligations
Insurance and the Law of Obligations

Rob Merkin

Jenny Steele

Oxford University Press

Sets out the aims of the book, arguing that the operation of insurance lies at the core of obligations law in both conceptual and practical terms. Explores significant obstacles to this understanding, explaining how and why the role of insurance has been understated in existing accounts of the law of obligations. The sources of this relative neglect include a near universal emphasis on liability rather than recoverability, and the prevalence of two-party models for analysis of private law. Introduces the book’s general approach both to obligations and to the role of insurance; and sets out the structure of the work and its intended contribution.

Keywords:   Insurance, Obligations, Liability, Recoverability, Two-party models, Principle, Practicality

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