Good Faith in Insurance and Takaful Contracts in Malaysia
A Comparative Perspective
Authors: Thanasegaran, Haemala
Free Preview- Offers an extensive comparison between good faith regulation in insurance contracts in Malaysia, the United Kingdom, and Australia
- Features a special chapter on the evolving takaful regulations in Malaysia, including the Islamic Financial Services Act 2013
- Provides a holistic look at law reform by taking into account doctrinal and socioeconomic factors
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- About this book
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This book examines good faith in non-marine insurance and takaful (Islamic insurance) contracts in Malaysia, and proposes holistic law reform of the same. The first two-thirds of the book comprise an extensive comparative legal analysis of the issues between Malaysia, Australia and the United Kingdom, with the final third dedicated to a socio-economic analysis of law reform and suggestions for law reform particularly suited to Malaysia.
The book evaluates whether the duty of utmost good faith (the cornerstone of insurance and takaful contracts) is effectively regulated and, in turn, observed by insurers (and takaful operators) and insureds alike in Malaysia. The adequacy of the Insurance Act 1996 (Malaysia), the Takaful Act 1984 (Malaysia), the Financial Services Act 2013 (Malaysia) and the Islamic Financial Services Act 2013 (Malaysia) is evaluated, along with the supporting infrastructure and oversight measures introduced by the Malaysian government. In doing so, The book examines the duty of utmost good faith from both a doctrinal and a social science perspective, in order to propose suitable legal reform.
- About the authors
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Haemala Thanasegaran is Senior Lecturer with the Department of Business Law and Taxation at Monash University, Australia. She has taught primarily international trade law, business law, Malaysian income tax law, and Malaysian company law, amongst other subjects. Her research interests are in insurance and takaful (Islamic insurance), and legal culture and contracts (with an emphasis on comparative law).
- Table of contents (7 chapters)
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Introduction
Pages 1-9
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Duty of Utmost Good Faith
Pages 11-46
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Pre-contractual Duty of Disclosure and Misrepresentation
Pages 47-108
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Post-contractual Good Faith and Claims Settlement
Pages 109-143
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Utmost Good Faith and Takaful in Malaysia
Pages 145-165
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Table of contents (7 chapters)
- Download Preface 1 PDF (61.2 KB)
- Download Sample pages 2 PDF (318.5 KB)
- Download Table of contents PDF (133.2 KB)
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Bibliographic Information
- Bibliographic Information
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- Book Title
- Good Faith in Insurance and Takaful Contracts in Malaysia
- Book Subtitle
- A Comparative Perspective
- Authors
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- Haemala Thanasegaran
- Copyright
- 2016
- Publisher
- Springer Singapore
- Copyright Holder
- Springer Science+Business Media Singapore
- eBook ISBN
- 978-981-10-0383-7
- DOI
- 10.1007/978-981-10-0383-7
- Hardcover ISBN
- 978-981-10-0381-3
- Softcover ISBN
- 978-981-10-9147-6
- Edition Number
- 1
- Number of Pages
- XXIV, 233
- Topics
