A Customary Insurance Law?
2nd Jun 2017
The Department of Business Law and Taxation invites you to a seminar on ‘A Customary Insurance Law?’ presented by Associate Professor Andrew Hutchison, Department of Commercial Law at the University of Cape Town.
A light lunch will be provided.
To RSVP for this event, please email Lauren.King@monash.edu by Wednesday 31 May.
BLT meeting room, Building S, Level 3, Caulfield campus
This paper will explore risk spreading practices in the so-called ‘popular economy’ in South Africa. Concepts like ‘insurance’, ‘insurance law’ and ‘customary law’ will be interrogated, with the analysis falling on traditional and more modern informal responses to risk, as well as more formal responses resulting from the increased penetration of private insurance in the democratic era.
This contribution aims to address concerns expressed about both informal and formal risk spreading practices, to argue towards a conclusion that a pluralistic notion of ‘insurance’ should not necessarily be sacrificed in service of corporate profit aims. Value remains in ‘customary insurance law’, and these cultural responses may provide evidence of a broader contract value system to be used in the service of developing the South African laws of contract and insurance.
At very least, this value system should inform concepts like consumer insurance law and should be foregrounded in developing a notion of micro-insurance. South Africa has the potential to be a world leader in the field of customary insurance law, as the failings of a comparable system – funeral insurance in Australia – demonstrate.
Dr Hutchison is an Associate Professor in the Department of Commercial Law at the University of Cape Town. He has been a member of this department since January 2007. Dr Hutchison is a contracts specialist and has convened the course on commercial contracting at UCT since 2010. Dr Hutchison’s affinity for contract law began during his LLM studies at UCT (2005-2006), and this was carried through to his PhD thesis on fundamental change of circumstances in contract law (hardship), completed in 2010. Dr Hutchison has published a body of work in leading South African and international peer-reviewed law journals on contract law. A theme running through all of these papers is the role to be given to good faith or fairness in South African contract law. Dr Hutchison is interested in the comparative and historical angles to this question, as well as (more recently) the constitutional dimension, with particular emphasis on social justice.
Date: Friday 2 June 2017
Time: 01:00 pm - 02:00 pm
Venue: 900 Dandenong Road, Caulfield East VIC