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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Law of Agency | 10% | - Authority, rights and duties - Creation and types of agency - Application to insurance intermediaries |
| Topic 2: Nature and Sources of English Law | 15% | - Sources of law: statute, common law, EU influence - Legal personality and capacity - Legal system and structure |
| Topic 3: Law of Contract | 15% | - Breach and remedies - Terms, conditions and representations - Essentials of a valid contract |
| Topic 4: Interpretation and Vitiation of Insurance Contracts | 15% | - Warranties, conditions and exceptions - Rules of construction - Factors vitiating the contract |
| Topic 5: Law of Torts | 15% | - Principles of negligence - Other torts: trespass, nuisance, breach of statutory duty - Application to liability insurance |
| Topic 6: Claims and Indemnity Principles | 15% | - Subrogation and contribution - Notification and proof of loss - Measure of indemnity |
| Topic 7: Formation of Insurance Contracts | 15% | - Insurable interest - Utmost good faith and disclosure - Offer, acceptance and consideration |
1. For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the characteristics of an express term in reaching or recording an agreement?
A) It may be implied by conduct.
B) It must be evidenced in documentary form.
C) It may be oral or in writing.
D) It will usually override any implied term which conflicts with it.
2. A breach of warranty under the general law of contract legally entitles an injured party to
A) avoid the contract ab initio.
B) claim damages.
C) avoid the contract from the date of the breach.
D) obtain specific performance.
3. In respect of a life assurance policy, the duty to take reasonable care NOT to make a misrepresentation ends when the proposer
A) forms the contract with the insurer.
B) signs and submits the completed proposal form to the insurer.
C) assigns the contract to a third party.
D) dies and his estate submits a claim to the insurer.
4. For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the main sources of new English Law?
A) Official law reports.
B) International treaties.
C) Legislation.
D) Case law.
5. For this question more than 1 option is correct. You must select fill the correct options to gain the mark. In what circumstances would an agency agreement be automatically terminated?
A) Disclosure of the name of the principal.
B) Death of the agent.
C) Bankruptcy of the agent.
D) Bankruptcy of the principal.
Solutions:
| Question # 1 Answer: C,D | Question # 2 Answer: B | Question # 3 Answer: A | Question # 4 Answer: C,D | Question # 5 Answer: B,D |
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