Pre-contractual Duty of Disclosure and Misrepresentation

  • Haemala ThanasegaranEmail author


This chapter builds on the preliminary description of the pre-contractual duty of disclosure and misrepresentation and their relationship to the concept of utmost good faith offered in Chap.  2. It analyses the elements of the duties as embodied in ss18 (2) and 20 (2) of the Marine Insurance Act 1906 (UK) and their development with respect to the United Kingdom and Malaysia, as well as the effect of selected provisions of the Insurance Act 1996 (Malaysia) and its successor, the Financial Services Act 2013 (Malaysia) with respect to Malaysia, before providing a comparison with the Australian Insurance Contracts Act 1984 (Cth).


Financial Service Insurance Policy Insurance Contract Insurance Agent License Insurer 
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Copyright information

© Springer Science+Business Media Singapore 2016

Authors and Affiliations

  1. 1.Monash UniversityMelbourneAustralia

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