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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Law of Contract | 15% | - Essentials of a valid contract - Terms, conditions and representations - Breach and remedies |
| 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: Claims and Indemnity Principles | 15% | - Measure of indemnity - Notification and proof of loss - Subrogation and contribution |
| Topic 4: Law of Agency | 10% | - Application to insurance intermediaries - Authority, rights and duties - Creation and types of agency |
| Topic 5: Interpretation and Vitiation of Insurance Contracts | 15% | - Rules of construction - Factors vitiating the contract - Warranties, conditions and exceptions |
| Topic 6: Law of Torts | 15% | - Principles of negligence - Other torts: trespass, nuisance, breach of statutory duty - Application to liability insurance |
| Topic 7: Formation of Insurance Contracts | 15% | - Offer, acceptance and consideration - Insurable interest - Utmost good faith and disclosure |
Question 1
In what circumstances is abandonment automatic under a marine hull insurance policy?
A. The insured has performed an action of abandonment.
B. The actual total loss of the vessel.
C. The insured has sent a formal notice of abandonment.
D. The constructive total loss of the vessel.
Question 2
According to statute, a term under a consumer personal accident insurance policy may potentially be considered unfair if the insurer
A. requires notification of a claim within a very short time period.
B. provides coverage that is more restrictive than that of other insurers.
C. imposes a premium loading.
D. applies a specific exclusion within the policy wording.
Question 3
Dan made a financial arrangement on behalf of Liz. However, Liz had the arrangement set aside by the court on the basis that she had been unduly influenced by Dan. To establish undue influence, the court must have specifically identified Dan as
A. a person holding a dominant position over Liz.
B. Liz's husband.
C. a person holding a senior position at Liz's bank.
D. Liz's independent financial adviser.
Question 4
John owns stock that he intentionally insured for £15,000, although the full value of the stock is £18.000. His insurance policy has no excess and is subject to a pro rata condition of average. In the event of water damaging
£6.000 of John's stock, how much will the insurer pay for a valid claim after the application of average?
A. £15,000
B. £6,000
C. £5,000
D. £3,000
Question 5
A breach of warranty under the general law of contract legally entitles an injured party to
A. claim damages.
B. avoid the contract from the date of the breach.
C. avoid the contract ab initio.
D. obtain specific performance.
Solutions:
| Question 1 Answer: B | Question 2 Answer: A | Question 3 Answer: A | Question 4 Answer: C | Question 5 Answer: A |
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