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Table of Contents
Preface
Foreword
Chapter 1
Introduction
1.1 Introduction
1.2 Background
1.3 Objective and Scope
1.4 Structure
Chapter 2
Duty of Utmost Good Faith
2.1 Introduction
2.2 The Meaning of and Juridical Basis for the Duty
2.3 Continuing Nature of the Duty of Utmost Good Faith
2.4 Application of the Duty of Utmost Good Faith
2.5 Reciprocal Duties
2.6 Scope of Insurer's Duty of Utmost Good Faith
2.7 Scope of Insured's Duty of Utmost Good Faith
2.8 Remedies for Breach of the Duty of Utmost Good Faith
2.9 Conclusion
Chapter 3
Pre-contractual Duty of Disclosure and Misrepresentation
3.1 Introduction
3.2 Development and Application of the Pre-Contractual Duties in the United Kingdom
3.3 Development and Application of the Pre-Contractual Duties in Malaysia
3.4 Conclusion
Chapter 4
Post-contractual Duty of Good Faith and Claims Settlement
4.1 Introduction
4.2 Application of the Law in the United Kingdom
4.3 Development and Application of the Law in Malaysia
4.4 Conclusion
Chapter 5
Utmost Good Faith and Takaful in Malaysia
5.1 Introduction
5.2 The Juridical Basis of Takaful
5.3 Takaful Models in Operation
5.4 The Development and Regulation of Takaful in Malaysia
5.5 Conclusion
Chapter 6
Law Reform From a Social Science Perspective
6.1 Introduction
6.2 Legal Culture
6.3 Legal Structure
6.4 Legal Substance
6.5 Measuring Legal Culture
6.6 Intra-National or Ethnic Culture
6.7 Effect of Legal Culture on Structure and Substance
6.8 Conclusion
Chapter 7
Conclusion
7.1 Introduction
7.2 Proposed Reforms
7.3 The Role of Economic Efficiency
7.4 Viability of Proposed Reforms
7.5 Conclusion
Appendix
Financial Mediation Bureau of Malaysia's Claims Statistics.
Foreword
Chapter 1
Introduction
1.1 Introduction
1.2 Background
1.3 Objective and Scope
1.4 Structure
Chapter 2
Duty of Utmost Good Faith
2.1 Introduction
2.2 The Meaning of and Juridical Basis for the Duty
2.3 Continuing Nature of the Duty of Utmost Good Faith
2.4 Application of the Duty of Utmost Good Faith
2.5 Reciprocal Duties
2.6 Scope of Insurer's Duty of Utmost Good Faith
2.7 Scope of Insured's Duty of Utmost Good Faith
2.8 Remedies for Breach of the Duty of Utmost Good Faith
2.9 Conclusion
Chapter 3
Pre-contractual Duty of Disclosure and Misrepresentation
3.1 Introduction
3.2 Development and Application of the Pre-Contractual Duties in the United Kingdom
3.3 Development and Application of the Pre-Contractual Duties in Malaysia
3.4 Conclusion
Chapter 4
Post-contractual Duty of Good Faith and Claims Settlement
4.1 Introduction
4.2 Application of the Law in the United Kingdom
4.3 Development and Application of the Law in Malaysia
4.4 Conclusion
Chapter 5
Utmost Good Faith and Takaful in Malaysia
5.1 Introduction
5.2 The Juridical Basis of Takaful
5.3 Takaful Models in Operation
5.4 The Development and Regulation of Takaful in Malaysia
5.5 Conclusion
Chapter 6
Law Reform From a Social Science Perspective
6.1 Introduction
6.2 Legal Culture
6.3 Legal Structure
6.4 Legal Substance
6.5 Measuring Legal Culture
6.6 Intra-National or Ethnic Culture
6.7 Effect of Legal Culture on Structure and Substance
6.8 Conclusion
Chapter 7
Conclusion
7.1 Introduction
7.2 Proposed Reforms
7.3 The Role of Economic Efficiency
7.4 Viability of Proposed Reforms
7.5 Conclusion
Appendix
Financial Mediation Bureau of Malaysia's Claims Statistics.