CII IF6 Chapter 6 Flashcards
Where does the majority of laws that are relevant to insurance come from?
Civil Law and in turn, laws of contract and tort.
Theft is an example of what wrong?
Criminal wrong
What is criminal law concerned with?
Control of behaviour that harms or threatens the peace and stability of the community
what is civil law concerned with?
relationships between individuals.
what actions can raised under civil law and go for legal proceedings?
-Compensation for an injury
-seek an injunction (loud neighbours)
-recover property
what acts have been brought in through the increase of information technology?
-Data protections act
-Computer misuse act
-EU electronic commerce directive
what are the 2 main sources of law?
legislation and case
What is legislation law?
Law that has been put in place through parliament. Sometimes known as statue law. It is supreme over case law
What is case law?
The major source of english law. Also means the decision of major courts binds that of smaller courts.
Is Supreme court bound by it’s previous desicions?
No, it can depart from previous decisions which allows law to develop and grow over time.
which courts are bound by their previous decisions?
Court of Appeal
Which courts are not bound by previous decisions?
Supreme, High and Crown
what is a tort?
A civil wrong. A person who commits a tort is known as a tortfeasor
what is strict liability?
Where legal liability can arise though there is no fault or negligent act.
which of the following is not a branch of civil law?
a. administrative
b. contract
c. family
d. tort
administrative law
what type of strict liability is relevant to household insurance
a. liabilities for animals
b. liability for dangerous dogs
c. occupiers liability
d. parents liability for their children
liabilities for animals
to avoid time barred, within what period of time must a claim be made for defamation?
1 year
under the dangerous dogs act, insurance for what breed is compulsory?
Japanese tosa and pitbull terriers
how old must you be to walk a dangerous dog?
16 years old
To avoid being time barred, within what period of time must a claim be made for property damage claims?
6 years
