Venue: Room 3.1, Centre for Commercial Law Studies, Queen Mary University of London, 67-69 Lincoln's Inn Fields, London WC2A 3JB
The New Voices in Commercial Law is a seminar series which aims to provide a forum for debate and an opportunity for attendees to hear early career academics with outstanding potential discuss their research in an intellectually stimulating environment.
Katie Richards (Lecturer; PhD candidate, Cardiff Law School): 'Deterring insurance fraud: less law, more norms?'
This aspect of my research starts from the judicial account of the forfeiture rule – that it deters insurance fraud. I seek to demonstrate that the rule itself and the courts' dogmatic assertions of deterrence have a minimal role to play in deterring fraud in the real world. There are two bases for this argument i) the limited nature of contract (law) as a governance mechanism drawing on critiques from economics and management/organisation studies and ii) the lessons from criminological deterrence theory which highlight criteria for effective legal deterrents. The criminogenic nature of the insurance market makes it particularly vulnerable to fraud and it follows that if the law does not provide adequate deterrence, another mechanism must be occupying that deterrent role. I seek to show that relational governance (a governance mechanism linked to relational contract theory adopted in business management and organisation) works in tandem with industry initiatives to deter commercial fraud.
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Attendance is free of charge for CCLS and other students and academic staff but prior registration is required via Eventbrite.
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