M05 무료 덤프문제 온라인 액세스

Under the provisions of the Contracts (Rights of Third Parties) Act 1999, the right to enforce a contractual term arises if a third party.

• A.proves that the parties to the contract intended to limit his rights.
• B.is the agent who arranged the contract.
• C.appoints an agent to carry out the contract provisions.
• D.is one of a general class of persons identified in the contract as benefitting from the contract.

When, if at all, does the duty of fair presentation of a risk apply after a non-consumer insurance contract has been formed?

• A.From the date of a breach of warranty.
• B.On submission of a claim.
• C.Where there is a variation in the insured risk.
• D.It does not apply as the duty is to take reasonable care not to make a misrepresentation.

For this question more than 1 option is correct. You must select all the correct options to gain the mark.
A proposer for private motorcycle insurance carelessly states the motorcycle's engine capacity as 500cc when in fact it is 1500cc. A policy is issued by the insurer on this basis. In the event of a valid claim causing damage to the motorcycle, what potential remedies are available to the insurer under the Consumer Insurance (Disclosure and Representations) Act 2012?

• A.Avoid the contract, refuse all claims and keep the premium.
• B.Reduce the claim amount in proportion to the premium it would have charged.
• C.Apply any terms it would have applied if the misrepresentation had not taken place.
• D.Reject the claim, but maintain the policy.

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 may be oral or in writing.
• C.It must be evidenced in documentary form.
• D.It will usually override any implied term which conflicts with it.

Fran is self-employed and works from home. She uses her spare bedroom as an office and separately insures her computer, photocopier and other items of office equipment. She occasionally uses the equipment for personal use. Under the Consumer Insurance (Disclosure and Representations) Act 2012. in relation to insuring this equipment, she would be defined as a

• A.consumer because she is working from home rather than on business premises.
• B.non-consumer because her insurance cover is mainly for business use.
• C.consumer because she is an individual.
• D.non-consumer because the items covered are not household items.