Search results
Results From The WOW.Com Content Network
His judgment in Carter v Boehm was an application of his general principle to the making of a contract of insurance. It was based upon the inequality of information as between the proposer and the underwriter and the character of insurance as a contract upon a "speculation".
Carter v Boehm (1766) on good faith; Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts; Foakes v Beer [1] (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn)
The concept of good faith was established in the insurance industry following the events of Carter v Boehm (1766), and is enshrined in the Insurance Contracts Act 1984 (ICA). [26] The act stipulates, in Section 13, obligations of all parties within a contract to act with utmost good faith.
The insurer-insured relationship is contractual; the parties are parties to an arms-length agreement. The principle of uberrima fides does not affect the arms-length nature of the agreement, and cannot be used to find a general fiduciary relationship. The insurance contract, as noted above, imposes certain specific obligations on its parties.
Principlism is an applied ethics approach to the examination of moral dilemmas centering the application of certain ethical principles. This approach to ethical decision-making has been prevalently adopted in various professional fields, largely because it sidesteps complex debates in moral philosophy at the theoretical level.
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
Jimmy Carter, who served a single full presidential term without the chance to appoint a Supreme Court justice, nonetheless left behind an incomparable judicial legacy.
Translated by Anonymous (John Richardson), "Metaphysic of Morals divided into Metaphysical Elements of Law and of Ethics." 2 vols. (London [Hamburg]: William Richardson, 1799). Translations of Part I: Kant, Immanuel. The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right. Translated by W. Hastie.