Condition Precedent in UK Law
Previous form: a couple of recent court judgments may encourage more insurance firms to use the "condition precedent" defence to avoid paying out on claims, warns Simon Hodgson.
...The insurance market is hardening in response to, and anticipation of, significant losses. Premiums are rising and underwriters are becoming less inclined to take on risk. The lack of readily available credit coupled with a sharp decrease in capital ......
A Preference for Innominate Terms: The Good, the Bad Bargain and the Ugly
At less than ten pages in length, the succinct judgment of Lord Justice Diplock in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd succeeded in altering the legal landscape of modern contr...
- THE DOCTRINE OF SUBSTANTIAL PERFORMANCE: CONDITIONS AND CONDITIONS PRECEDENT
The Right To Rescind For Breach Of Condition In A Sale Of Specific Goods Under The Sale Of Goods Act, 1893
...... Such are conditions precedent (or suspensive conditions) and conditions subsequent (or resolutive conditions). The case of Pym v. Campbell3 provides an ......
THE RATIO DECIDENDI OF A CASE
...... facts which nobody in the earlier case regarded RE conditioning the decision. In his discussion of Donoghue v. Steoenson ... SLeoenson as (i.e., ns a condition precedent to the decieioii) as an argument for saying that the court in ......
THE EFFECT OF A REPUDIATORY BREACH
...... be held bound.” “But however fundamental is the condition, it may still be waived by the goods owner. For this ... Appeal held that the plaintiffs had broken a condition precedent. Bowen L.J. thought l7 that the failure to per- form the ......
Could we rely on market discipline as a substitute for insurance regulation?
Purpose: The purpose of this paper is to examine empirically whether the market discipline works, and if so, whether it is a complement or substitute of prudential regulation in the insurance marke......... and use of market information about the insurers’ ﬁnancial condition. Research limitations/implications – The research is constrained by .../value – The approach presented in the paper adds to precedent work studying comparatively different regulatory environments, and also ......
Contract, Consideration and the Critical Path
...... whether the parties intended the clause to operate as a condition precedent to the obligation to pay. If they did so intend, then ......
Charterer's Liability for Safety of Port
...... These conditions had been accepted in practice for a long time, but ...“ safe port,” it was held, are not a condi- tion precedent, failure of which entitles the ship to disobey the order, ......
The Duties of Non‐Occupiers in Respect of Dangerous Premises
...... furnished houses, holding that there was an implied condition that such houses should be habitable. Parke, B., also held ... hiring there is an implied warranty and condition precedent (i.e. taken together, an implied “condition” in the ......
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