Policy conditions: legal classification and consequences of breach On at least three occasions last year the Court of Appeal considered the issue of the interpretation and status of conditions where insurers were seeking to rely upon terms to obtain a declaration of non liability for a particular claim. In any policy, determining the status of a contractual term is vital to establishing the insurer's rights upon breach of that term. Depending upon its status the remedies can range from
Words: 2349 - Pages: 10
www.studyguide.pk UNIVERSITY OF CAMBRIDGE INTERNATIONAL EXAMINATIONS GCE Advanced Level MARK SCHEME for the May/June 2009 question paper for the guidance of teachers 9084 LAW 9084/03 Paper 3, maximum raw mark 75 This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before
Words: 2128 - Pages: 9
the terms of the clause. If it is in any way ambiguous then it will be interpreted against the party attempting to enforce it this is referred to as the contra proferentem rule. Andrews Bros. v Singer [1934] 1 KB 17 There was a contract to purchase new Singer Cars; the contract contained a clause excluding “guarantees or warranties, statutory or otherwise”. One of the cars delivered to the dealer was a used car. The plaintiff sued Singer (defendants); they tried to rely on the exemption clause. Held
Words: 1587 - Pages: 7
terms of the clause. If it is in any way ambiguous then it will be interpreted against the party attempting to enforce it this is referred to as the contra proferentem rule. Andrews Bros. v Singer [1934] 1 KB 17 There was a contract to purchase new Singer Cars; the contract contained a clause excluding “guarantees or warranties, statutory or otherwise”. One of the cars delivered to the dealer was a used car. The plaintiff sued Singer (defendants); they tried to rely on the exemption clause.
Words: 1587 - Pages: 7
BUS 393 – Final Review Chapter 2 – TORTS: * Tort: (private wrong = not criminal) an act that causes harm such as physical harm, harm to property or reputation, & gives the right to sue and to seek remedies (damages to compensate for loss) * Intent: it is not the intent to injure or harm but whether you deliberately intended the conduct or act that caused the injury (damages greater if can prove intent – includes punitive damages) * Vicarious Liability: you did not intend the harm but
Words: 3635 - Pages: 15
claiming that it was a breach of contract, bad faith denial of contract , and quantum meruit. Belcher Oil Company failed to pay accounting fees to Plaintiff, even though there was essentially a pact between both groups. The jury decided upon giving the Plaintiff monetary and punitive damages. The Punitive damages were given as a result of the defendant’s denial of the contract’s existence as well as manipulative behavior. Question before the court: Is a party’s contract enough to cover for another
Words: 299 - Pages: 2
some extent suffers pecuniary damage due to tortious conduct. The tortfeasor or the defendant is the person who inflicts the injury and also incurs liability for damage. According to the case of Lance and Cadella vs. Parramatta Council, there is a breach of the law of tort. There is in respect of rights regarding Lance by the Parramatta Council. Lance is riding towards a park through the Macquarie Avenue where he gets into an accident. The cause of the crash is a chain strung by the council. However
Words: 1860 - Pages: 8
* Duty of care and dillgence – statute law – s180 * S588G imposes a duty upon directors to prevent their company trading whle it is insolvent . s588G requires directors to be continually monitoring the financial status of their coy (* only apply to directors) * S181 – duties to act in good faith in the interest of coy and for a proper purpose * S 191 – duties to avoid conflicts of interest * S182&S183 – not to make improper use of position or information (* apply to employee)
Words: 4518 - Pages: 19
enforceable contract. First of all, they must offer and acceptance, mutual agreement, consideration, competent parties, legality of purpose, and proper form. Contracts may be classified in many different ways, and it mainly depends on how they were formed and crafted. A contract may be either written and/or oral. It can be formal or simple as well (Liuzzo & Bonnice 2010). Bearing in mind the situation will decide how these six elements come into play with the particular contract. Consumers
Words: 1049 - Pages: 5
Australian importer or exporter makes a contract of the sale or purchasing goods with people in other country and delivers the goods to other country, many factors will be considered into international commerce by an Australian importer or exporter. This paper identified six factors to illustrate what should be taken into account. * Goods described carefully in the contract of sale so that in the case of breach of contract the remedies are clear and the contract of sale makes it clear when and where
Words: 1827 - Pages: 8
