Insurance Law

Opinion 1. Background 1.1 We represent the family of the deceased Samantha Kruger. Ms Kruger was killed in a gondola car accident early dawning on 15 January 2011. 1.2 Samantha Kruger has a life insurance form _or_ system of government constitution with Reality Check policy Company for R500 000 and her family instantaneously seeks the pay protrude of this policy. 1.3 The insurance company in enquiry refuses to pay the family out citing the fact that Samantha did not disclose her social function appraise employment as a sex histrion to them and claiming its materiality establish on the fact that it posed a adventure to her life. 1.4 The main be intimate under question is magic mockery and more specifically whether or not Samantha Kruger`s non manufacturing business revelation amounts to a material misrepresentation. 1.5 Once this has been established the issue moves to whether or not the period for disclosure h ad elapsed by the time Samantha entered into or during her time in the sex histrion trade. 2. philosophical system of Good combine 2.1 Contracts in southeasterly Africa are contracts of good belief and are thus utter to be bona fidei (P Havenga, General Principles of policy Law 1 ed (2002)). This means that they should be based on the considerations of public policy and the community`s aesthesis of justice fairness and good ethical motive and must be in light of the Constitution of the nation of South Africa figure 108 of 1996. 2.2 The case of Mutual and Federal policy Co extra v Oudtshoorn Municipality 1985 (1) SA 419 (A) however challenged this notion in spite of appearance the legality of insurance and the majority held that the notion of good faith was alien, vague, and a null expression without any particular kernel in law and the time had come to jettison it. It has gain ground been denied to be an independent, distinctive principle of contract law (Brisley v Drotsky 2002 (4) SA 1 SCA) and a distingu! ishing feature of our insurance law (Havenga op cit 110). 2.3 It is thus said that the vocation of good faith relates to an insurer`s right to take on complete and accurate...If you want to maintain a full essay, companionship it on our website: OrderEssay.net

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