SXL-4003 Marine Insurance
Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Prof Zhen Jing
Overall aims and purpose
Insurance plays a very important role in an international commercial and business context. The purpose of the module is to critically examine the statutes and case law governing insurance practice. The module will concentrate on the critical analysis of the basic principles of modern insurance law.
Other aims of the module include: to enable students to understand the development of insurance law, especially some recent case law and the Law Commissions' reports on insurance law reform and the Insurance Act 2015; to encourage students to critically examine the law of insurance with reference to scholarship, research and proposal for reform; to enable students to understand the risks a business-operator may face in international trade transaction and how to manage these risks through insurance; and to enable students to apply the laws and rules in the practice of commercial and consumer insurances.
The seminars will explore the nature and scope of the contract of insurance, evaluate its salient features, discuss the relationships between the parties to the contract and explain the application of insurance law in practice. In brief, the content includes an introduction to insurance law, examination of the statutes and common law of insurance, the fundamental principles of insurable interest, utmost good faith, subrogation, contribution and the principles of indemnity. In addition, the module examines the formation of insurance contract; the terms of contract; construction and causation; claims under policy; different types of insurance with a particular emphasis on marine insurance. The recent development of the case law and reform on Insurance Law are also discussed.
C- to C+ (50-59%) · Demonstrate knowledge of key areas/principles. · Have some, if only limited, evidence of background study. · Be focussed on the question with only some irrelevant material and weaknesses in structure. · Attempt to present relevant and logical arguments. · Not contain a large number of factual errors. · Describe major links between topics. · Attempt to analyse and/or explain problems. · Be free of major weaknesses in presentation and accuracy.
B- to B+ (60-69%) · Demonstrate strong knowledge and understanding of most of the subject area. · Demonstrate evidence of background study. · Be well structured and focused. · Contain coherently presented arguments. · Be mostly free of factual errors. · Include some elements of original interpretation. · Describe well known links between topics. · Analyse and/or explain problems using existing methods/approaches. · Be presented to high standards with accurate communication.
A- to A* (70%+) · Demonstrate comprehensive knowledge and detailed understanding of the subject area. · Demonstrate extensive background study. · Be well structured and highly focused. · Contain logically presented and defended arguments. · Be free of factual/computational errors. · Include significant elements of original interpretation. · Demonstrate an ability to identify, develop and present new links between topics. · Include new approaches to analysing and/or explaining a problem. · Be presented to very high standards with very accurate communication.
Independently formulate, investigate and refine proposals for the development and/or reform of the existing law.
Demonstrate critical awareness of current problems and/or new insights, informed by the latest academic literature, legislation and case law;
Critically analyse and masterfully apply relevant statutes and relevant case law regarding marine insurance in the context of commercial and consumer insurance contracts;
Demonstrate comprehensive understanding of the role of intermediaries in formation of insurance contracts and claim handling.
Skilfully resolve real problems in practice, for instance, disputes between the insurer and the insured, by applying the general principles and rules of marine insurance law.
Critically identify potential risks and evaluate the best ways of insuring them and identify the different types of marine insurance policies and be able to apply these policies to factual scenarios.
Four essay titles will be set up and students shall write their essays on one of these titles.
|CASE STUDY||Case Study||
One or two cases will be given and students shall analyse the cases.
Teaching and Learning Strategy
The module requires students to undertake private study in order to prepare for seminars and assessments.
The module will consist of 11 x 2 hour seminars. Each lecture will be a preparatory introduction to the related seminar. For each seminar students are required to prepare in advance and to look at essential reading together with preparation of problem questions, for which they will be expected to prepare outline answers which will enable them to participate in discussion of the questions in the seminars. The course will be taught by a combination of lectures and Socratic methods, with students required to consider hypothetical scenarios related to the seminar material. This will require advance preparation based on selected reading materials and legislations. This will provide students with the critical skills needed to assess the strengths and weakness of the legal regimes under examination.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
- present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
- present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
- write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-4003.html
- John Birds, Birds’ Modern Insurance Law
- Robert Merkin, Colinvaux’s Law of Insurance,
- F. D. Rose, Marine Insurance: Law and Practice
- Ozlem Gurses, Marine Insurance Law
- Nicholas Legh-Jones, MacGillivray on Insurance Law
- Malcolm Clarke, The Law of Insurance Contracts
- Howard Bennett, The Law of Marine Insurance
- Zhen Jing, Chinese Insurance Contracts: Law and Practice
Courses including this module
Compulsory in courses:
- M1AR: LLM Maritime Law year 1 (LLM/MLAW)
Optional in courses:
- M1AF: LLM International Commercial and Business Law year 1 (LLM/ICBL)
- M1AO: LLM International Intellectual Property Law year 1 (LLM/IIPL)
- M1AC: LLM Laws year 1 (LLM/LAW)