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Application Of The Principle Of Proximate Cause In Insurance Liability

Posted on:2013-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2246330374970060Subject:Law
Abstract/Summary:PDF Full Text Request
Principle of proximate cause was proposed in the United Kingdom in the18th century. For centuries, it has been continuously interpreted and supplemented in typical cases and legislative models, but its basic theory has not been changed. However, with the development of insurance market and evolution of the idea of law, the application of this principle has been changed. This thesis, composed of five chapters, researches the application of this principle through interpretation of typical cases.In the first chapter, the thesis analyzes specific characteristics of this principle. The basic theory will be introduced in terms of connotation, different expressions, specific characteristics of the principle in insurance liability and functions of the principle.In the second chapter, determining of proximate cause will be introduced trough interpretation of typical cases. This chapter is composed of three parts:determining of proximate cause among several chain-like causes, determining of proximate cause among several co-existing causes, function of logical reasoning and common sense in determining of proximate cause. Through this analysis along with typical cases, the application rules of this principle will be clear and specific, which is beneficial for insurance practice.In the third chapter, from allocation and standard of burden of proof in demonstration of proximate cause, this thesis analyses burden of proof in principle of proximate cause and insurance law.In the fourth chapter, the impact of exception clause on the principle of proximate cause and insurance contract will be researched. This part reasonably determines the implication of this principle in insurance liability in terms of exception liability and general clauses.In the last chapter, the impact of policies on the application of the principle will be analyzed. In the application of the principle, use and restriction of the judge’s right of discretion, and limit of protection of the insured should be considered. So this chapter analyzes the impact of these two factors on the implication of this principle, and necessity of improving the principle for settlement of insurance claims.
Keywords/Search Tags:Principle of proximate cause, determining of proximatecause, burden of proof, exception clause
PDF Full Text Request
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