Utmost Good Faith in UK Law
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Bell v Lever Bros Ltd
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There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.
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Manifest Shipping Company Ltd v Uni-Polaris Shipping Company Ltd (Star Sea)
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In my view the idea of good faith in the context of insurance contracts reflects the degrees of openness required of the parties in the various stages of their relationship. It is reasonable to expect a very high degree of openness at the stage of the formation of the contract, but there is no justification for requiring that degree necessarily to continue once the contract has been made.
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Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
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We do not think that the nature of the contract as one of the utmost good faith can be used as a platform to establish a common law duty of care. Parliament has provided that in the case of marine insurance the consequence of a failure to disclose a material fact, and by inference the only consequence, is that the contract may be avoided. It is not suggested that the consequences in non-marine insurance should be different.
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CPC Group Ltd v Qatari Diar Real Estate Investment Company
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Strive Shipping Corpn v Hellenic Mutual War Risks Association (Bermuda) Ltd
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The breach of that duty by the insurers would be so unconscionable as to disentitle the insurers from invoking the equitable jurisdiction of the court to avoid the contract on the grounds of non-disclosure by the assured.
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1) Berkeley Community Villages Ltd 2) Berkeley Group Plc v 1) Fred Daniel Pullen 2) Kathleen Marguerite Pullen 3) Alan John Pullen
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In these circumstances, based on the material that has been put before me, I feel I am able to construe paragraph 33 of the Third Schedule to the Agreement as imposing on the Defendants a contractual obligation to observe reasonable commercial standards of fair dealing in accordance with their actions which related to the Agreement and also requiring faithfulness to the agreed common purpose and consistency with the justified expectations of the First Claimant.
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Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd
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English law has, characteristically, committed itself to no such overriding principle but has developed piecemeal solutions in response to demonstrated problems of unfairness. Thus equity has intervened to strike down unconscionable bargains.
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Insurance Act 2015
...... a matter of expectation or belief is made in good faith. . (4) The disclosure required is as ... avoid the contract on the ground that the utmost good faith has not been observed by the other ......
- Consumer Insurance (Disclosure and Representations) Act 2012
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Marine Insurance Act 1906
...... insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not ......
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Insurance Brokers Registration Council (Code of Conduct) Approval Order 1978
...... at all times conduct their business with utmost good faith and integrity. B. Insurance brokers ......
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A model to determine the need to modernise the regulation of the principle of utmost good faith
Purpose: The purpose of this paper is to determine and lay out the variables that influence countries to carry out regulatory modernisation of the regulation of the principle of good faith in insur...
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A model to determine the need to modernise the regulation of the principle of utmost good faith
Purpose: The purpose of this paper is to determine and lay out the variables that influence countries to carry out regulatory modernisation of the regulation of the principle of good faith in insur...
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The Insurance Act 2015: Rebalancing the Interests of Insurer and Assured
The Insurance Act 2015 is the first piece of legislation since the eighteenth century to seek to lay down new principles governing the formation and operation of insurance contracts. Exactly 250 ye......... the routinely-cited principle of utmost good faith in insurance law in Carter v Boehm ......
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Reconstructing Insurance Law: The Law Commissions' Consultation Paper
In July 2007 the English and Scottish Law Commissions published the consultation paper Insurance Law – Non‐disclosure and Breach of Warranty (hereafter LCCP) which sets out in detail the Commission......... reference to the key areas of utmost good faith, warranties and agency . Thi s ......
- Insurance: Utmost Good Faith and Fair Presentation Of The Risk
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Court restates principles relating to the duty of utmost good faith in insurance contracts (UK)
A UK court has found that an insurer is entitled to avoid a policy where the insured had misrepresented the state of repair of the insured property and failed to disclose malicious acts and vandali...
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Case Update: Ian Archer v (1) Nubuke Investments LLP (2) [2014] EWHC 3425
...... contractual provisions on Members to show utmost good faith. Mr Archer held a 20% interest in ......
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Reforming Insurance Law
...... The insured is under the duty of utmost good faith to disclose all facts material to the ......