Unravelling Fraud in the Wake of Hayward v Zurich Insurance

• Autores: Elise Bant
• Localización: Lloyd's maritime and commercial law quarterly, ISSN 0306-2945, Nº. 1, 2019, págs. 91-111
• Idioma: inglés
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• Resumen

  • Hayward v Zurich Insurance drives a wedge between fraud and mistake. This paper tests the controversial analysis offered by the Court, exploring the boundaries of fraud through the lens of tort, unjust enrichment, estoppel by convention and the doctrine of illegality to identify the range of ways in which the law responds to prevent and remedy fraud. The discussion reveals the porous and overlapping boundaries between claims in this field, and also the important, broader implications for coherence in the law arising out of recognition of an independent category of “policy-based” reasons for restitution. The analysis suggests some controversial answers to contemporary challenges posed by modern commercial law and practice, including for one view of the “at the expense of” element of claims in unjust enrichment and for the pivotal concept of “intention” in fraud.