ABSTRACT

2.01 It is instructive to consider other contracts that have been marked with the brand of uberrima fides, either with a view to discovering the essence or purpose of the duty as applied to insurance contracts or to provide a source for comparison as we analyse insurance law in this respect. While the purpose of the duty is fairly settled, albeit not universally convincing with respect to all shades of the duty, it is difficult to find a single thread that runs its way through all the other contracts of the same ilk. It seems that the various contracts that we shall discuss have developed the notion of the utmost good faith for their own purposes and not with any adherence to a grander design. 1