2021_A New Concept of Warranty in Malaysia Marine Insurance Contract
| Format: | General Document |
|---|
| _version_ | 1860798173810786304 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2021-10-07 |
| format | General Document |
| id | 16290 |
| institution | UniSZA |
| originalfilename | A NEW CONCEPT OF WARRANTY IN MALAYSIA MARINE INSURANCE CONTRACT (PHD_2021).pdf |
| person | Mohd Sharifuddin bin Ahmad |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16290 |
| sourcemedia | Server storage Scanned document |
| spelling | 16290 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16290 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.3.4; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) 2021-10-07 Copyright©PWB2025 334 A NEW CONCEPT OF WARRANTY IN MALAYSIA MARINE INSURANCE CONTRACT (PHD_2021).pdf Mohd Sharifuddin bin Ahmad Concept Warranty Marine Insurance contracts Insurance law Marine insurance 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract Marine insurance is a contract whereby the insurer undertakes to indemnify the insured party against the loss or damage of ships and cargo. Based on the general contract law, a warranty is a term which entitles the parties to claim for damages in case of its breach. However, under the marine insurance contract, a warranty is a vital contract term that can discharge the insurer’s liability automatically upon its breach by the insured. Previous studies revealed that warranties in marine insurance contract are unfair, construed in an unconscionable manner against the insured, and used by the insurers as a shield to avoid liabilities. Therefore, this study aims to analyze the existing warranties used in Malaysia’s standard marine insurance contract and to propose a new concept of warranty which would balance the interest between the insurer and the insured. Special references are made to the common law doctrine of unconscionable bargain and elements of warranty under the United Kingdom Marine Insurance Act 1906 and the United Kingdom Insurance Act 2015 which provide jurisprudential and legal framework. This research adopted a mixed method by combining the doctrinal and quantitative research methodologies. Doctrinal and Delphi analysis were applied to analyze various sources of law and consensus opinions of experts to justify the legal framework for the proposed new concept of warranty for marine insurance contract in Malaysia. Meanwhile, the Delphi Fuzzy Analysis was used to analyze the community survey response of 380 sets of questionnaires. The finding showed that the existing warranties in Malaysian marine insurance contract are not fair to the insured and the insurer cannot be held accountable. This study found that certain elements of warranties under the United Kingdom Marine Insurance Act 1906 and the United Kingdom Insurance Act 2015 are important in ensuring a fair and balanced concept of warranty. This study also found that the doctrine of unconscionable bargain is the fundamental basis for the formation of a balance marine contract warranty. The study proposed a new concept of warranty to be applied by way of amendments to the existing standard form of marine insurance contract in Malaysia. It requires the construction of fair and conscionable elements by the insurer such as warranty that is material to risks, explicit, and easy to comply without affecting the main operation of the insured. The new concept also demands the insured to strictly comply with the conscionable terms. Dissertations, Academic Thesis |
| spellingShingle | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| state | Terengganu |
| subject | Insurance contracts Insurance law Marine insurance Dissertations, Academic |
| summary | Marine insurance is a contract whereby the insurer undertakes to indemnify the insured party against the loss or damage of ships and cargo. Based on the general contract law, a warranty is a term which entitles the parties to claim for damages in case of its breach. However, under the marine insurance contract, a warranty is a vital contract term that can discharge the insurer’s liability automatically upon its breach by the insured. Previous studies revealed that warranties in marine insurance contract are unfair, construed in an unconscionable manner against the insured, and used by the insurers as a shield to avoid liabilities. Therefore, this study aims to analyze the existing warranties used in Malaysia’s standard marine insurance contract and to propose a new concept of warranty which would balance the interest between the insurer and the insured. Special references are made to the common law doctrine of unconscionable bargain and elements of warranty under the United Kingdom Marine Insurance Act 1906 and the United Kingdom Insurance Act 2015 which provide jurisprudential and legal framework. This research adopted a mixed method by combining the doctrinal and quantitative research methodologies. Doctrinal and Delphi analysis were applied to analyze various sources of law and consensus opinions of experts to justify the legal framework for the proposed new concept of warranty for marine insurance contract in Malaysia. Meanwhile, the Delphi Fuzzy Analysis was used to analyze the community survey response of 380 sets of questionnaires. The finding showed that the existing warranties in Malaysian marine insurance contract are not fair to the insured and the insurer cannot be held accountable. This study found that certain elements of warranties under the United Kingdom Marine Insurance Act 1906 and the United Kingdom Insurance Act 2015 are important in ensuring a fair and balanced concept of warranty. This study also found that the doctrine of unconscionable bargain is the fundamental basis for the formation of a balance marine contract warranty. The study proposed a new concept of warranty to be applied by way of amendments to the existing standard form of marine insurance contract in Malaysia. It requires the construction of fair and conscionable elements by the insurer such as warranty that is material to risks, explicit, and easy to comply without affecting the main operation of the insured. The new concept also demands the insured to strictly comply with the conscionable terms. |
| title | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| title_full | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| title_fullStr | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| title_full_unstemmed | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| title_short | 2021_A New Concept of Warranty in Malaysia Marine Insurance Contract |
| title_sort | 2021_a new concept of warranty in malaysia marine insurance contract |