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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Riot victims and the doctrine of 'proxima causa' in insurance law: the Lesotho experience
Author:Kulundu-Bitonye, WanyamaISNI
Year:2002
Periodical:Journal of African Law
Volume:46
Issue:1
Pages:59-91
Language:English
Geographic term:Lesotho
Subjects:rebellions
commercial law
insurance
External link:https://www.jstor.org/stable/4141322
Abstract:The question of who bears the losses which resulted from the riots in Lesotho in September 1998 raises complex questions on insurance law in general and of causation in particular. This espouses the important doctrine of 'proxima causa', which means that the loss must be connected to, or associated with, its supposed 'cause'. This paper looks at the events in Lesotho, which fall into two broad categories. The first collocation entails 'the war, invasion, hostilities, mutiny, usurped power, insurrection, the furtherance of a political aim and attempts thereto' under clauses (ii), (iii) a) and b), (iv), (v) and (vi) of the General Exceptions. The second collocation involves 'the civil commotion, riot and public disorder and attempts thereto' under clauses (i) and (vi). Apart from causes arising from the General Exceptions, the events in Lesotho and their consequential losses may be explained by other principles of law, notably criminal activity preying on political instability; concurrent causes; imminent danger and prevention expenses. The paper criticizes the various doctrines developed by the courts, arguing that they have confused rather than helped matters. It argues that the courts in Lesotho must adopt a fresh approach to the issue. Notes, ref., sum. (p. II).
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