Warranties in Marine Insurance
By Baris Soyer
Routledge – 2014 – 384 pages
For centuries, warranties have played a significant role in the law of marine insurance and in this book Baris Soyer offers a comprehensive and authoritative examination of warranties in marine insurance. The book sets out the current law on marine insurance warranties as well as exploring the legal remedies available when a marine insurance warranty is breached.
The third edition is brought up to date with significant discussion of recent case law including: Kosmar Villa Holidays v. Trustees of Syndicate; Pratt v Aigaion Insurance Co; and Argo Systems FZE v. Liberty Insurance (Pte) with a view to identifying their impact on established legal principles. The third edition also further develops the chapter on the interpretation of express warranties. Developments to the interpretation of marine and commercial insurance contracts are analysed, and the book considers the dividing line between express warranties and similar terms such as suspensory provisions which have been further complicated in recent judgments.
The book goes on to address the reform of the law on warranties in marine insurance and will critically analyse the reform proposals expected from the English and Scottish Law Commissions in 2013 and their likely impact.
This book is essential reading for postgraduate students and academics in international commercial law and marine insurance law as well as insurers and legal practitioners.
"There is no doubt that [the second edition] will be just as well received as its predecessor. It is very readable and interesting account of the law regarding marine insurance warranties…. The author is to be commended on producing yet again a very worthwhile addition to the insurance law literature." Review of the second edition by Professor John Birds in the Journal of Business Law (2006)
"In short, the subject of marine insurance warranties is an area that combines conceptual complexity with practical importance. Dr Soyer deals with it with authority and accuracy, and with a continuing critical faculty. An excellent second edition. May there be many more." Review of the second edition by Professor Robert Grime in the Journal of International Maritime Law (2006)
"This book is a welcome and much-needed addition to the small number of books devoted to the law of marine insurance."review of the first edition byLord Justice Longmore, Law Quarterly Review
1. Warranties in General 2. Express Warranties 3. Implied Warranty of Seaworthiness 4. Other Implied Warranties 5. Nature of Marine Warranties 6. Waiver of Breach of Marine Warranties 7. Legal Position in Relation to Warranties in Some Other Jurisdictions 8. A Case for Reform?
Baris Soyer is Professor of Commercial and Maritime Law at Swansea University, UK.