Last minute

Question 1

important types of delegated legislation

Answer 1

orders in council
statutory instruments
bye laws

Question 2

what is a statutory instrument

Answer 2

regulations and orders made by ministers

Question 3

why is contributory negligence strictly not a defence

Answer 3

plea mitigation, reduces liability but doesn’t remove it

Question 4

key characteristics of trespass

Answer 4

direct, intentional (or possibly only negligent) always actionable per se

Question 5

what does occupiers liability act 1957 do

Answer 5

duty is owed if the occupier knows or has reasonable grounds to believe that danger exists and the trespasser may come into its vicinity

Question 6

contracts which must be made by deed

Answer 6

transfer of title of land or british ship/shares in british ship

Question 7

what are necessaries

Answer 7

basic products and services of everyday life

Question 8

when can a contract become frustrated

Answer 8

illegal after concluded, futile or impossible to perform

Question 9

how can a contract be discharges

Answer 9

performence, breach, agreement, frustration

Question 10

define material fact

Answer 10

anything that would influence the judgement of a prudent insurer

Question 11

what is the contra proferentem rule

Answer 11

where term is ambiguous the courts will construte the term against the party that proposed it

Question 12

warranty in marine

Answer 12

express or implied

Question 13

warranty in non marine

Answer 13

only express

Question 14

do insurance policies cover losses caused by negligence

Answer 14

yes, generally liable unless loss was deliberate

Question 15

impact of versloot dredging decision

Answer 15

harder for insurers to use fraudulent device defence where false representation was given to improve prospects of genuine claim

Question 16

can average operate as an implied term

Answer 16

yes in marine
maybe in commercial property
unlikely in household

Question 17

what is a more specific insurance clause

Answer 17

policy will pay only when the cover provided by another more specific insurance clause has been exhausted

Question 18

define restitution

Answer 18

a court order for the incapacitated party to return goods or pay for services if they’ve benefited from them, prevents unjust enrichment

Question 19

what is statutory assignment

Answer 19

the assignment of a debt or chose in action transfers the underlying legal right to the assignee, must be absolute, in writing and expressly made

Question 20

what is a basis of the contract clause

Answer 20

abolished in both consumer and business insurance

Question 21

what is a bailee

Answer 21

person who has legal possession of goods belonging to antoher, they hold them for a particular purpose and usually for a limited time only

Question 22

what is the elcock principle for partial losses

Answer 22

the insured is entitled to a proportion of the agreed value which is equivalent to the degree of depreciation in actual value caused by the loss

Question 23

what does average do

Answer 23

provides that where the sum insured is less than full value, the insured will be considered their own insurer for the uninsured part of the risk and the claim payment for any loss will be scaled down proportionately

Question 24

average calculation

Answer 24

(sum insured) / (true value x the loss) = amount payable by the policy

Question 25

what is a particular lien

Answer 25

right to retain the particular goods in respect of which payment is due

Question 26

what is a general lien

Answer 26

right to retain any property as security, arises only by agreement between the parties or by trade usage

Question 27

what does promissory estoppel mean

Answer 27

hold a party who makes a promise to another accountable for the detriment suffered by the coutner party who relied on that promise

Question 28

what happened in lister v romford ice and cold storage ltd 1957

Answer 28

insurers give up their subrogation rights in situations where the parties involved have a unique relationship, man recovered damages from employer and employers liability insurers claimed damages from his son

Question 29

what is the goldne rule

Answer 29

courts are entitled to choose the meaning of words which avoid absurdity and assume that parliament did not intend the absurdity

Question 30

what is specific performance

Answer 30

order to defendant to do something which they have promised to do, such as transfer particular property to the claimant

Question 31

what does the marine insuance act 1906 do

Answer 31

consolidated previous legislation with other legal principles

Question 32

what is a juristic person

Answer 32

corporations are a juristic person having an independent and separate existence from its shareholders

Question 33

which roles are typically carries out by solicitors in england and wales

Answer 33

drawing up contracts for the sale or purchase of property,offering professional advice on matters of family law, representing corporate clients in the lower courts