Jump to ContentJump to Main Navigation
Insurance and the Law of Obligations$
Users without a subscription are not able to see the full content.

Rob Merkin and Jenny Steele

Print publication date: 2013

Print ISBN-13: 9780199645749

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199645749.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 February 2020

Allocation of Risk in Voluntary Arrangements

Allocation of Risk in Voluntary Arrangements

Chapter:
(p.162) (p.163) 7 Allocation of Risk in Voluntary Arrangements
Source:
Insurance and the Law of Obligations
Author(s):

Rob Merkin

Jenny Steele

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199645749.003.0007

Examines the part played by insurance arrangements in a wide variety of commercial contracts. Explains that insurance is an inherent aspect of party relationships; and that the contractual relationship between parties may be better understood by expanding the frame of analysis beyond two parties, to encompass insurance relationships. Explains the significance of party risk allocation for commercial contracting and underlines the need to explore contracts in their context, including the risk allocation context of market transactions. Sets out some common concerns facing contracting parties and explores the role of insurance in relation to risks of insolvency and defective performance. Examines the obstacles to successful risk allocation through first party and third party insurance, and relevant insuring obligations. Further explores the issues through a case study of insurance provisions in construction contracts, including co-insurance provisions.

Keywords:   Risk allocation, Contract, Commercial contracting, Insolvency risk, Defective performance, Construction contracts

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .