RRLLB81 (Research Report) Assignment 2 (Due 5th April 2023) Semester 1 Solutions (Topic 1: The insured's duty to take reasonable precautions to avoid loss or damage to the object of risk). these are my own workings and answers. Questions are removed to ensure no copyright infringement!
1.4 Research Methodology ............................................................................... 10
2 The Insured's Duty to Take Reasonable Precautions ................................... 11
2.1 The Meaning and Scope of the Insured's Duty ........................................... 11
2.1.1 Explanation of the insured's duty to take reasonable precautions ........ 11
2.1.2 Distinguishing the duty from other legal concepts ................................ 12
2.1.3 Analysis of relevant case law, including Auto Protection Insurance Co
Ltd v Hanmer-Strudwick 1964 (1) SA 349 (A) and Paterson v Aegis Insurance
Co Ltd 1989 (3) SA 478 (C) ............................................................................... 13
2.2 The Effect of the Insured's Failure to Take Reasonable Precautions ... 13
2.2.1 Examination of the impact of the insured's negligence on the insurer's
liability 13
2.2.2 Analysis of relevant case law, including Fedgen Insurance Ltd v Leyds
1995 (3) SA 33 (A) and Kliptown Clothing Industries (Pty) Ltd v Marine and
Trade Insurance Co of SA Ltd 1961 (1) SA 103 (A)........................................... 13
3 Common Law, Case Law, and Legislation .................................................... 14
3.1 Common Law .............................................................................................. 14
3.1.1 Overview of common law principles relevant to the insured's duty to take
reasonable precautions ..................................................................................... 14
3.1.2 Analysis of relevant case law, including Rouwkoop Caterers (Pty) Ltd v
Incorporated General Insurance Ltd 1977 (3) SA 941 (C) and Santam Ltd v CC
Designing 1999 (4) SA 199 (C) .......................................................................... 16
3.2.1 Examination of relevant legislation, including the Insurance Act 18 of
2017 and the Policyholder Protection Rules of 2017 ......................................... 16
, 3.2.2 Analysis of how legislation impacts the insured's duty to take reasonable
precautions ........................................................................................................ 18
3.2.3 Discussion of how the Financial Sector Regulation Act affects the
insured's duty to take reasonable precautions. .................................................. 19
This research report aims to critically analyse the insured's duty to take reasonable
precautions to avoid loss or damage to the object of risk in the context of insurance
law. The degree to which an insured's own conduct causes or may cause the risk
insured against is a significant factor that insurers consider when assessing a risk
and their subsequent liability. Most insurance providers place a duty on the insured
to take reasonable precautions, which is a standard clause in insurance policies.
The purpose of this research is to distinguish the insured's duty to take reasonable
precautions from other legal concepts and to provide examples that explain this duty.
This report will also explore…………………………………………………………………
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