Run by School of Law
20 Credits or 10 ECTS Credits
Organiser: Prof Zhen Jing
Overall aims and purpose
Insurance plays a very important role in 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 new 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.
Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student¿s own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.
Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student¿s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.
Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student¿s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.
Demonstrate a broad understanding of the role of intermediaries in formation of insurance contracts and claim handling.
Show an ability to solve real problems in practice, for instance, to solve 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.
Encourage the development of independent research skills and methods including searching for and evaluating relevant primary and secondary courses, applying them in a focused and balanced way.
Autonomously synthesise information and develop new approaches to new situations.
Critically evaluate alternative approaches of different jurisdictions and views of leading authorities on the topics.
Identify contradictions in the knowledge base and show how these can be resolved.
Formulate, investigate and refine suggestions for the development and/or reform of the existing law.
Demonstrate the ability to acquire critical awareness of current problems and/or new insights, informed by the latest academic literature, legislation and case law;
Critically analyse and apply relevant statutes and relevant case law regarding marine insurance in the context of commercial and consumer insurance contracts;
Teaching and Learning Strategy
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;
- Students will acquire knowledge and critical and conceptual understanding of Maritime Law principles, and how the industry operates. Students will acquire critical awareness of current problems and/or new insights, informed by the latest literature, international legislation, international conventions, EU Law, and academic literature and international case law.
- write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-4003.html
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)
- M1AC: LLM Laws year 1 (LLM/LAW)
- M1AS: LLM Law of the Sea year 1 (LLM/LS)