ABSTRACT

The reality of obligations that are imposed by the general law is signified by the powers that are exercisable by the court or the parties in the event that such obligations are ignored or violated. These powers are exercised through the remedies that have been made available by the development of the general law to give force to the rights that are the corollary of these obligations. The obligations imposed by virtue of the principle uberrima fides are mirrored in the general law of misrepresentation. These general obligations and the remedies for their breach may be acknowledged by the common law and/or by the principles of equity. The chapter discusses the remedies available under the 2012 Act and the 2015 Act. The Insurance Act 2015 clarifies the remedies available to the insurer for the assureds’ fraudulent claim, whether under a consumer or a non-consumer insurance contract.