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1. A breach of warranty under the general law of contract legally entitles an injured party to
A) claim damages.
B) obtain specific performance.
C) avoid the contract from the date of the breach.
D) avoid the contract ab initio.
2. For this question more than 1 option is correct. You must select all the correct options to gain the mark. In a consumer insurance policy, a warranty can arise as
A) an express term.
B) a basis of the contract clause.
C) a continuing warranty.
D) an exception clause.
3. According to statute, a term under a consumer personal accident insurance policy may potentially be considered unfair if the insurer
A) imposes a premium loading.
B) provides coverage that is more restrictive than that of other insurers.
C) applies a specific exclusion within the policy wording.
D) requires notification of a claim within a very short time period.
4. 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 will usually override any implied term which conflicts with it.
C) It must be evidenced in documentary form.
D) It may be oral or in writing.
5. For this question more than 1 option is correct. You must select all the correct options to gain the mark. How may double insurance arise?
A) A deliberate attempt to obtain the proceeds of two policies.
B) The inadvertent non-cancellation of a policy when a new policy is taken out.
C) An overlap in cover between two different types of insurance policy.
D) A merger between two major insurance companies.
Solutions:
| Question # 1 Answer: A | Question # 2 Answer: A,B | Question # 3 Answer: D | Question # 4 Answer: B,D | Question # 5 Answer: A,C |
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