CML5693S   

Higher postgraduate course, second semester.

30 NQF credits at HEQSF level 9

Convener: Associate Professor G Bradfield

Course entry requirements: See Rules for LLM and MPhil Degrees.

Course outline:

The course covers the law of marine insurance in South Africa, and has significant international and comparative elements. It covers the history of marine insurance law as the basis for modern premium insurance law, from its origins in the marine insurance practices of the medieval Italian city states, and reception in Europe and England, and deals with harmonisation of insurance law principles. It covers general principles of contract and insurance law that apply to marine insurance contracts, including insurable interest and indemnity, pre-contractual duties relating to misrepresentations and disclosure, insurance warranties, risks covered and exceptions, causation, subrogation and abandonment, and claims procedures. It covers the various forms of marine insurance, including Hull and Machinery, Protection and Indemnity, Marine Cargo and specific risk clauses such as War and Risks, and Freight, Defence and Demurrage, and standard form contracts and clauses in common use. It covers local and Lloyd’s insurance markets and practices. The course also deals with general average, the general principles and the York-Antwerp Rules. 

DP requirements: None

Assessment: Coursework 25%, November examination 75%