n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The insured's duties of disclosure : delictual and contractual; before the conclusion and during the currency of the insurance contract : : case notes

Volume 23, Issue 1
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



It is well known that as our insurance law currently stands, an insured bears a duty of disclosing to the insurer certain information prior to the conclusion or the renewal of his insurance contract. By reason of its pre-contractual nature, it is clear, this duty is not contractual but, probably, delictual in nature; in appropriate cases a breach of the duty amounts to the commission of the delict of misrepresentation. (There are also other - less satisfactory - explanations, such as that it is an ex lege duty (see (1) SA 419 (A)) or that it derives from an underlying and generally applicable duty of good faith.)

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