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NEW QUESTION # 28
A claimant may possibly recover money transferred under an illegal contract when
- A. the legal portion of the contract can be severed from the illega portion.
- B. the illegality makes the contract voidable rather than void.
- C. the contract is against public policy but not substantive law.
- D. both parties to the contract are equal in wrongdoing.
Answer: D
NEW QUESTION # 29
Tim is a local insurance broker. He has authority to receive premiums for a personal lines insurer and earns commission from the insurer for sales. Paul, an elderly customer, asked Tim for advice regarding his personal insurance requirements and to assist with completing the proposal form for household insurance. In these circumstances, who, if anyone, is Tim's principal?
- A. Both the insurer and Paul at different times.
- B. Paul as it is a consumer contract.
- C. No one as Tim is not a party to the insurance contract.
- D. The insurer at all times.
Answer: D
NEW QUESTION # 30
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 must be evidenced in documentary form.
- B. It may be oral or in writing.
- C. It will usually override any implied term which conflicts with it.
- D. It may be implied by conduct.
Answer: B,C
NEW QUESTION # 31
How can an agency relationship be best described?
- A. A person, who has paid another party under a contract, has the right to stand in the place of that other party and avail himself of the rights and remedies of that party.
- B. A person has the authority to act on behalf of another party.
- C. A person has ratified another party's action.
- D. A person has transferred his obligations under a contract to another party.
Answer: B
NEW QUESTION # 32
According to statute law, an unfair term in a consumer insurance contract is defined as one which
- A. provides insurance where the scope of cover is narrow compared to the premium charged.
- B. has been individually negotiated and is to the detriment of either one of the parties.
- C. causes a significant imbalance in the parties' rights to the detriment of the consumer.
- D. does not restrict liability for death or personal injury.
Answer: C
NEW QUESTION # 33
The proximate cause of a loss is best described as the
- A. most remote cause of the loss.
- B. first peril to cause the loss.
- C. most dominant cause of the loss.
- D. final peril to cause the loss.
Answer: C
NEW QUESTION # 34
What is the most common for of corporation?
- A. Registered corporation.
- B. Chartered corporation.
- C. Statutory corporation.
- D. Corporation sole.
Answer: A
NEW QUESTION # 35
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. Apply any terms it would have applied if the misrepresentation had not taken place.
- C. Reduce the claim amount in proportion to the premium it would have charged.
- D. Reject the claim, but maintain the policy.
Answer: B,C
NEW QUESTION # 36
A person insures her own life under a life insurance policy but does so expressly for the benefit of another. To facilitate this, which type of arrangement is most commonly established?
- A. Lien.
- B. Trust.
- C. Power of Attorney.
- D. Coinsurance.
Answer: B
NEW QUESTION # 37
A professional indemnity policy includes a condition requiring that the insured must give prompt notice of any circumstance that could give rise to a claim. What type of condition is this?
- A. A collateral condition.
- B. A condition precedent to liability.
- C. A suspensive condition.
- D. A condition precedent to the contract.
Answer: B
NEW QUESTION # 38
What is the maximum contingency fee percentage under a damages-based agreement that can be charged by a solicitor for personal injury cases and employment tribunal cases respectively?
- A. 25% for personal injury cases and 35% for employment tribunal cases.
- B. 35% for personal injury cases and 25% for employment tribunal cases.
- C. 50% for both cases.
- D. 35% for both cases.
Answer: A
NEW QUESTION # 39
A married couple have equal shares in a property and are insured under a buildings insurance policy. What is the likely position in law of a breach of good faith by one party, which was unknown to the other party?
- A. Cover for both parties would be invalidated as the cover is likely to be a joint policy.
- B. Cover for both parties would be invalidated as the cover is likely to be a composite policy.
- C. Cover would be maintained in full for the innocent party as the cover is likely to be a joint policy
- D. Cover would be maintained in full for the innocent party as the cover is likely to be a composite policy.
Answer: A
NEW QUESTION # 40
The branch of law particularly relevant when handling negligence claims is
- A. constitutional law.
- B. public law.
- C. civil law.
- D. administrative.
Answer: C
NEW QUESTION # 41
Two liability policies with different insurers cover the same loss of £15,000,000. The limit of liability is
£10,000,000 under policy X and £20,000,000 under policy Y. Neither policy has a non-contribution clause.
What amount will policy Y contribute towards the claim payment?
- A. £10,000,000
- B. £7,500,000
- C. £9,000,000
- D. £5,000,000
Answer: C
NEW QUESTION # 42
In what circumstances is abandonment automatic under a marine hull insurance policy?
- A. The constructive total loss of the vessel.
- B. The insured has performed an action of abandonment.
- C. The actual total loss of the vessel.
- D. The insured has sent a formal notice of abandonment.
Answer: C
NEW QUESTION # 43
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CII E05 certification exam, also known as the Examination element of M05 Insurance law, is a professional qualification designed for individuals who wish to demonstrate their knowledge and understanding of insurance law in the UK. Examination element of M05 Insurance law certification is ideal for those who work in the insurance industry or those who wish to pursue a career in this field. It covers a wide range of topics such as the principles of insurance law, the legal framework surrounding insurance contracts, and the regulation of insurance providers.
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