n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The requirement of a causal link between the insured's breach of a term in the insurance contract and the insured's loss : an 'attractive feature' of South African insurance law? : analyses

Volume 22, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



A moot question in South African insurance law and practice is whether there is any legal requirement of a causal link between an insured's breach of a term in an insurance contract and the loss giving rise to a claim by the insured under that contract. Put differently, does an insurer have to establish such a link before it may rely on such a breach in order either to avoid liability for the particular claim or, more generally, to resile from and cancel the relevant insurance contract?

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