Role of Utmost Good Faith in Insurance Law

Hi, need to submit a 3000 words essay on the topic The Role of Utmost Good Faith in Insurance Law.

This difference in approaches to contracts in the US and the UK will illustrate how the UK will uphold claims even if questionable on the strict guidelines of the contract and material fact. whereas the US relies more on the concept of good faith and how this applies to the material fact. The basis of Hansen Bancorp Inc et al v US is that the Court of Federal Claims had erred in its judgment and the breach of contract by the US government was total therefore the appellants of the Hanson Company were entitled to restitution on all counts. This decision stems from the question whether there has been a total breach of contract if there has been a total breach of contract restitution is available. The court decided there was a total breach because the US government had come to a contract and Hanson had committed its resources to fulfill its duties. however, the US government had failed to complete its obligations, therefore, fulfilling the criteria of a total breach of contractual obligation. This decision is primarily an exercise in the power of the contract and its adherence, which cannot be avoided even if the breaching party is the government. The case of Hansen Bancorp heavily relies on the adherence of the contract and contract law. whereby once the parties started to act on the contract then it is only fair that the other party follows through with their contractual obligations. This case does not fudge along the lines of what may not constitute the total breach of the contract.

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