On The Principle Of Proximate Causation In Marine Insurance

The essays first investigate the relationship between Proximate Causation in marine insurance and common cause in a philosophic view basis. After a brief introduction on Proximate cause in tort, the essays then focus on legal causation and theirs theories. Having referred to such aspects, the essays put forward a complete aspect of proximate causation in Marine Insurance and accordingly discusses the treatment of causes pertaining to Marine losses.In Chapter III, the essays give a primary concern on the notions and characteristics and types of peril which is foundation of marine insurance. Having noted those notions are essential to causation, the essays then give a detailed analysis on such aspects: Seaworthiness, negligence, willful misconduct, and delays in cargo, also it flap into other aspects on application of proximate causation in cargo insurance.To clarify the causation of loss in dispute in Marine insurance, the essays in chapter IV discuss the onus of proof in Marine insurance in the combined thoughts on the recently issued Judicial Orders relating to Onus of proof. They are the concepts of follows that are included in the essays, perils of the sea, battrys, inherent vice and latent defects. Also three famous leading case "the Popi M" "the Marel ""Miss JayJay" is reasoned and analyzed in chapter IV.In the final chapter the author of the essays talk about the treasures of proximate causation in Marine Insurance business and court practice, thereafter the author set speculation on how to introducing the proximate causation into Chinese Maritime Code in a harmony and smooth way.