Browsing by Author "Thomas, Semu"

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    The application of the doctrine of uberrimae fidei in compulsory third-party motor vehicles insurance in Tanzania: law and practice.
    (University of Dar es Salaam, 2004) Thomas, Semu
    This work examines the application of the rule of utmost good faith in compulsory motor vehicles insurance in Tanzania. The rule, technically known as Uberrimae fidei, is very fundamental as far as insurance contracts are concerned. Despite its role in such contracts the application of the rule has caused a number of problems to the insured; in this case the targeted third-party road users. The work is divided into six chapters. Chapter 1 is comprised of the following: General Overview and Theoretical background of the rule of Uberrimae fidei, statement of the Research Problem, Objective of the Study, Significance of the Problem and Hypotheses. The Chapter also contains a review of various books written by different authors and the methods which were employed during research. A number of obstacles encountered have been enumerated in the section entitled "Limitations". The nature and application of the rule of Uberrimae fidei in insurance contracts is covered by Chapter 2 under which the following matters are discussed: the inherent duty of utmost good faith, materiality of facts, and expert evidence, which facts are to be disclosed by the insured and which facts need not be disclosed as well as the effects of the questions asked in the proposal forms. The duty of utmost good faith, which is a common law principle, was imported into our country and made statutory. The Motor Vehicles Insurance Ordinance, Cap. 169 is a piece of legislation which provides for insurance against third party risks arising out of use of motor vehicles. It also provides for duty of utmost good faith. Chapter 3 surveys the Ordinance particularly the sections which provide for the rule. The practical aspect of the rule of Uberrimae fidei is discussed under Chapter 4 by looking at the practice in England and the practice in Tanzania in the light of claims handled by the National Insurance Corporation of Tanzania, Limited and the Lion of Tanzania Insurance Company, Limited. Chapter 5 makes a critical evaluation of the rule while Chapter 6 contains a summary of the findings and most importantly suggests measures which may be taken to mitigate the harshness of the rule.