Warranties of opinion ought to be distinguished from warranties of fact and data. In the case of warranties of opinion, the insured offers estimates or different info typical of an opinion. The insured, in different words, didn’t warrant the existence of sure information, or his information regarding such details; he gave a warranty solely in respect of his opinion. Although, then, the Appellate Division in Anderson Shipping v General National Insurance kept away from deciding the purpose, it assumed that an insured ought to be deemed to know every circumstance which, in the ordinary course of business, ought to be recognized by it. South African law, nevertheless, long appeared to favour the view that solely material facts inside one’s precise or personal data have been included in the responsibility of disclosure. In M&F v Oudtshoorn, however, the courtroom said in passing that constructive knowledge—that is to say, information which is imputed or presumed—is also included in the duty of disclosure. Despite rejecting the notion of utmost good religion, the court docket in M&F v Oudtshoorn did not set out the content material of the requirement of excellent faith because it pertains to insurance contracts.
The characteristic of good faith isn’t a vital or distinguishing feature of the insurance contract. The duty of utmost good religion appears in the case legislation and literature in connection with contracts which are typified by a relationship of shut trust between the contracting parties. A negative misrepresentation, or a misrepresentation per omissionem, is a … Read More