Duty Of Disclosure

Question 1

What is required by positive duty

Answer 1

The prospective policyholder must answer all questions given to him by the insurer in honesty and in good faith

Question 2

Positive misrepresentation

Answer 2

Relates to making an unlawful or wrongful statement, which must be either false or at least inaccurate.

Question 3

What does negative duty of disclosure require?

Answer 3

It requires that the insured disclose all other material information he has knowledge of that might be a risk to the insurer whether he has been asked of it or not.

If the insured gives false information, does not answer the questions asked to him or refuses/refrains from giving material information. He makes a misrepresentation that affects the validity of the contract, making voidable .

Question 4

What does a misrepresentation consists of

Answer 4

A statement of fact which is false or, at any rate, misleading.

● A set of facts that is false/ false information
● Doesn’t answer questions put to him by insurer
● Refrains from disclosing material information

Question 5

The distinguishing features of a particular type of contract are known as Essentialia

What is the Essentialia of Insurance Contract.?

Answer 5

Risk, cover, period of cover, premium

Question 6

Premium

Question 7

Cover

Question 8

Risk

Question 9

Period of cover

Question 10

What are the requirements for liability in delict in terms of misrepresentation

Answer 10

Act or conduct by the wrongdoer.
Wrongfulness of conduct
A detrimental result caused by wrongful conduct
Fault by wrongdoer