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Abstract
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Article Information:
Legal Effect of Breach of Warranty in Construction Insurance in Malaysia
Arazi Idrus, Mahmoud Sodangi and Jamaluddin Yaakob
Corresponding Author: Mahmoud Sodangi
Submitted: 2011 June, 22
Accepted: 2011 August, 27
Published: 2011 December, 26 |
Abstract:
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This study is aimed at analyzing the legal effect of breach of warranty in construction insurance
contracts in Malaysia in light of the current developments in The English insurance law. The required data and
information were collected from Malaysian and English court decisions dealing with breach of warranties in
English marine insurance law from the online Malayan Law Journal published on the LexisNexis online
database and from published textbooks related to insurance warranties. This study would help to offer judicial
guidance to courts in Peninsular Malaysia on how to resolve the legal dilemma associated with breach of
warranty in Malaysian insurance law. It was found out that the effect of breach of a continuing warranty will
result in the contract of insurance remaining in existence and the risk is being treated as having incepted at the
outset but automatically coming to an end as of the date of the breach. More so, the insurer is being discharged
from any future liability, although any liabilities of the insurer before the date of the breach are unaffected.
Key words: Contract, court, good luck, liability, marine insurance, ,
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Cite this Reference:
Arazi Idrus, Mahmoud Sodangi and Jamaluddin Yaakob, . Legal Effect of Breach of Warranty in Construction Insurance in Malaysia. Research Journal of Applied Sciences, Engineering and Technology, (12): 1366-1373.
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ISSN (Online): 2040-7467
ISSN (Print): 2040-7459 |
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