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Are you alive? What makes you so sure? Most people believe this question has a clear answer—that some law defines our status as living (or not) for all purposes. But they are dead wrong. In this pioneering study, Elizabeth Price Foley examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. People, pre-viable fetuses, and post-viable fetuses have different sets of legal rights, which explains the law's seemingly inconsistent approach to stem cell research, in vitro fertilization, frozen embryos, in utero embryos, contraception, abortion, homicide, and wrongful death. In a detailed analysis that is sure to be controversial, Foley shows how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die. Foley’s balanced, accessible chapters explore the most contentious legal issues of our time—including cryogenics, feticide, abortion, physician-assisted suicide, brain death, vegetative and minimally conscious states, informed consent, and advance directives—across constitutional, contract, tort, property, and criminal law. Ultimately, she suggests, the inconsistencies and ambiguities in U.S. laws governing life and death may be culturally, and perhaps even psychologically, necessary for an enormous and diverse country like ours.
Life Insurance Law in the Caribbean Commonwealth, 2nd edition provides a unique amalgam of the many influences that go to make life insurance law in the Commonwealth Caribbean. Providing a comprehensive study of the English law of life insurance as it applies in Trinidad and Tobago, it deals with the relevance of the doctrines and terminologies it has absorbed and adopted from other jurisdictions and provides a detailed overview of the many crucial issues of modern life insurance law including: Lapse and forfeiture of life policies and application of the doctrine waiver; The legal framework governing group life policies and the common law; Statutory treatment of names beneficiaries New Case Law - New Legislation - New Content Now in its second edition, this authoritative work has been thoroughly updated and revised to take account of all relevant case law and legislative changes and development. New coverage in this edition includes: The treatment of the new statutory provisions dealing with beneficiary designations; The decision of the Court of Appeal in Trinidad and Tobago in the case of Cheong v Board of Inland Revenue; The repeal of the English Life Insurance Act of 1774; The decision of the Court of Appeal in Trinidad and Tobago in the case of Bank of Commerce of Trinidad and Tobago Limited v Lakhan; The new forms of life policies; The question of insurable interest; The issue of policies being used as instruments to extract bonuses in a tax free manner in Trinidad and Tobago; The presumption against suicide. This is essential reading for all insurance company staff, insurance brokers, solicitors, accountants, tax consultants and financial planners throughout the Commonwealth.
Unique in its depth of coverage and currency, Houseman's Law of Life Assurance has established a well-deserved reputation as an authoritative practitioner work on life assurance and is renowned for its practical insight into the workings of the industry. In addition to being fully updated to take account of new legislation and case law the new 15th edition also covers developments including: Significant structural changes to the UK regulatory framework since the 14th edition and in particular the creation of the Prudential Regulation Authority (PRA) and the Financial Conduct Authority each with their own different statutory objectives; Creation of the PRA and the introduction of a new rulebook with a different structure for conveying regulatory guidance; Implementation of the Solvency II Directive which has made fundamental changes to the way insurers calculate their capital, invest their assets and govern their businesses; Changes to insurance law on misrepresentation and warranties and the new duty on consumers to take reasonable care not to make a misrepresentation and on non-consumers to make a fair presentation of the risk; New e-commerce chapter to reflect the growing importance of this distribution channel for life insurance products; Anticipated changes to the regime applicable to insurance distribution because of the Insurance Distribution Directive and rules relating to packaged insurance investment contracts, including the impact on remuneration of intermediaries; Changes to the UK compensation scheme for insurance policyholders.
It is widely acknowledged that insurance has a major impact on the operation of tort and contract law regimes in practice, yet there is little sustained analysis of their interaction. The majority of academic private lawyers have little knowledge of insurance law in its own right, and the amount of discussion directed to insurance in private law theory is disproportionately small in relation to its practical importance. Filling this substantial gap in the literature, this book explores the multiple influences of insurance in the law of obligations, and the nature and impact of insurance law as an inherent and significant aspect of private law. It combines conceptual and doctrinal analysis, informing the theoretical discussion of the nature of private law, including the role of judicial and public purpose, and the place of formalism and of contextualism in normative theories of private law. Arguing for the wider recognition of the multiple impacts of insurance, the book claims that recognition of the presence of insurance necessarily marks a departure from the two-party framework sometimes described as definitive of private law. The structured exploration and interpretation of the contemporary role of insurance in the law of obligations, and of its implications, illuminates this under-explored area of private law, and equips the reader for further enquiry and debate.
Reprint of the original, first published in 1882.