units

LAW4121

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

The unit focuses on the rights and liabilities of parties to an insurance contract as governed by the common law and statute, with particular reference to the Insurance Contracts Act 1984 (Cth). Topics covered include risk, insurable interest, the duty of utmost good faith, non-disclosure and misrepresentation, conditions, warranties and premium, the role of agents and brokers in the formation of contracts of insurance, construction of policies and standard cover, adjustment of rights including claims, causation, proof and fraud, the indemnity principle and measure of loss, remedies and dispute resolution, subrogation, double insurance and contribution, cancellation of cover. While reference is made to different types of insurance (eg. Life, marine, liability, fire etc) the special rules applying to each type are not covered in detail. A linking theme for all topics will be historical context and the challenges surrounding any proposals for reform.

Outcomes

Students completing the unit should be able to:

  1. Articulate and apply the fundamental common law and statutory principles of insurance demonstrating a sophisticated awareness of the surrounding regulatory and political environment.
  2. Demonstrate cognitive and critical skills in approaching complex issues relating to insurance law and the place of the sector in the community.
  3. Communicate effectively, appropriately and persuasively on issues relating to insurance law and practice.
  4. Provide and make use of feedback to assess their own capabilities and performance and to emphasise the importance of feedback in supporting personal and professional development.
  5. Evaluate the role of insurance law in regulating and facilitating commercial transactions.

Assessment

Assignment (For 2015: 2000 words. For 2016: 1250 words): 25% AND Examination (2.5 hours plus 30 minutes reading and noting time): 75%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Professor Justin Malbon

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102

Co-requisites

LAW2200 or LAW2201 and LAW2202

Prohibitions

This unit may not be taken by a student who has completed or enrolled in Insurance Law BTX5031 OR Insurance Law BTX4031