DOC-20170811-WA0001.pptx - Sources of Insurance Law SOURCES...

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Sources of Insurance Law
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SOURCES OF INSURANCE LAW Common Law The law of insurance may be divided into insurance contract law and insurance company law. As far as the former is concerned, it should be borne in mind that the insurance contract is merely a specific type of contract so that, like all other types of contract, it is governed by the general principles of the law of contract. One should therefore not hesitate to apply those general principles to insurance contracts in so far as they are applicable and compatible. Thus, as a starting point, the general principles of the (modern) Botswana law of, for instance, contract and delict, also apply in the insurance context.
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Common Law It is now trite that in the seventeenth century, the law of Holland was taken over in the Cape as the common law of South Africa and received in Botswana. As a starting point, therefore, our insurance law is governed by Roman-Dutch (insurance) law.
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