n South African Law Journal - Misrepresentation in consumer insurance : the United Kingdom legislature opts for a 'reasonable consumer' standard : notes




The development of a parallel branch of contract law dealing specifically with consumers has achieved further impetus in the United Kingdom with the passing of the Consumer Insurance (Disclosure and Representations) Act, 2012 ('the UK Consumer Insurance Act'). This important legislative development brings a change to the accepted standard of care in non-disclosure/misrepresentation cases involving insurance claims. The former standard of the 'reasonable insurer', used for determining the materiality of a misrepresentation, has been lowered in this context to that of a 'reasonable consumer'. In South Africa, the law of insurance has not yet been brought into line with the Consumer Protection Act 68 of 2008 ('the CPA'). The question therefore needs to be asked whether the recent development in the UK jurisdiction is not a desirable change for our legislature to consider.


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