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International Commercial Insurance Law (LAWS90293)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
July
Lecturer
Özlem Gürses (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | July |
---|---|
Fees | Look up fees |
Almost none of the daily individual and business activities would be performed as they are without an insurance backing behind them. We do not realise the significance of insurance until we suffer a considerable amount of loss which we may try to recover, if it is insured, from the insurer. An insurance cover is obtained through an insurance contract. Whilst it is true that general contract law principles apply, insurance is a specialist type of contract which cannot be understood only based on general contract law principles, some of which differ greatly from those of insurance law.
It is also true that every jurisdiction has its own separate statutory or common law principles governing insurance contracts. However, the principal concepts of insurance are all universal, including the assured’s pre-contractual duties, subrogation, insured and excluded risks, and causation.
This subject aims at first introducing the crucial role that insurance contracts play for individuals and businesses. Participants will recognise when insurance is placed in the protection of the parties’ interests in commercial transactions, whether a contract of sale, lease, and buying or selling a financial product.
The main questions that this subject addresses include :
- What are the main duties imposed on the assured?
- How do we understand the key terms of insurance contracts?
- What differences does it make when a contractual obligation is defined as a warranty or a condition?
- Why are insurance brokers regarded as ‘servants of the market’ and how influential they are in almost every stage of an insurance contract?
The London insurance market participates in insuring and reinsuring commercial risks in many different jurisdictions in the World. English insurance law has been influential in the establishment of the principles of insurance and reinsurance law not only in the other common law countries but some civil law systems. Therefore we focus mainly on English court cases.
Principal topics will include:
- Introduction and Formation of Insurance Contracts
- Duty of Fair Presentation of the Risk
- Insurance Warranties & Conditions
- Causation
- Insurance Brokers
- Aggregation clauses
- Subrogation
- Reinsurance
Intended learning outcomes
On completion of this subject, students should be able to:
- Explain and assess critically the key duties imposed on the assured in insurance contracts (this includes statutory and contractual duties).
- Recognise and evaluate the interactions between insurance cover and other underlying contractual or tort law relationships.
- Critically distinguish between general contract law principles and insurance contract law.
- Assess insurance claims from the assured and insurer's points of view by considering the statutory and contractual principles governing the contract.
- Argue and cogently justify whether there is a valid claim under the insurance contract and if so how to argue against the insurer and vice versa.
- Recognise the significance of reinsurance in all the protections provided by insurers.
Generic skills
- Advanced understanding of the specialist insurance contract law principles.
- Ability to evaluate and synthesise existing knowledge in insurance law.
- Well-developed problem solving abilities, characterised by flexibility of approach.
- Advanced competencies in legal research and analysis.
- Capacity to communicate, orally and in writing.
- Capacity to manage competing demands on time.
- Understanding of the significance and value of knowledge to the wider community.
- Capacity to value and participate in teamwork.
Last updated: 19 April 2024
Eligibility and requirements
Prerequisites
Corequisites
Non-allowed subjects
Recommended background knowledge
Law students from any legal background are welcome but prior contract law knowledge will be an advantage when studying this subject.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 19 April 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class Participation | During the teaching period | 25% |
Take-home examination
| Friday 6 September - Monday 9 September 2024 | 75% |
Last updated: 19 April 2024
Quotas apply to this subject
Dates & times
- July
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 19 June 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 17 July 2024 to 23 July 2024 Last self-enrol date 13 November 2023 Census date 18 July 2024 Last date to withdraw without fail 16 August 2024 Assessment period ends 9 September 2024 July contact information
Lecturer
Özlem Gürses (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the 'last day to withdraw without fail') count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 19 April 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS during the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Laws Course Graduate Diploma in Laws Course Graduate Diploma in Asian Law Course Master of Commercial Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 19 April 2024