multi-answer questions Flashcards

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1
Q

The effect of the European Communities Act 1972 on statutory interpretation is that English courts must:

A. Adopt a literal approach
B. Adopt a purposive approach.
C. Apply domestic legislation in line with European community obligations
D. Take into account judgements from the European court of justice.

A

B - Adopt a purposive approach
C. Apply domestic legislation in line with European Community obligations.
D. Take into account judgements from the European court of justice.

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2
Q

The crown consists of:

A. The armed forces
B. The government ministers 
C. The privy council 
D. The police
E. The reigning monarch
A

A - The armed forces
B - The government ministers
C- The privy council
D - The reigning monarch.

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3
Q

Following a motor accident; an insured may be able to claim for special damages for:

A. Damage to clothing 
B. Injury to feelings 
C. Loss of earnings 
D. Medical expenses 
E. Pain and suffering
A

A. Damage to clothing,
C. loss of earnings
D. Medical expenses

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4
Q

In contract law, acceptance of an offer:

A. May be achieved by taking no action 
B. May be implied by conduct 
C. May vary the terms of the offer
D. Must be made in writing 
E. Must exactly match the terms of the offer
A

B - May be implied by conduct

E. Must exactly match the terms of the offer

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5
Q

An agency will be automatically terminated:

A. By lapse of time if the agreement was created for a specific period of time
B. By mutual agreement of the parties.
C. By performance of the task specified in the agreement
D. On bankruptcy of the agent
E. On death of the principal

A

A - By lapse of time if the agreement was created for a specific period of time.
B - By mutual agreement of the parties
C. - By performance of the task specified in the agreement
E. On death of the principal

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6
Q

An insurance contract is subject to a waiver by estoppel when an insurer is aware of a breach of a warranty by an insured, but the insurer then goes on to:

A. Accept further premiums
B. advise the insured about future loss prevention
C. decline to renew the policy
D. Resist a claim on grounds other than breach of warranty.

A

A - Accept further premiums
B - Advise. the insured about future loss prevention
D - Resist the claim on grounds other than breach of warranty

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7
Q

Common Law rules for the interpretation of insurance policies include:

A. The application of legal or technical meaning
B. The contra proferentum rule
C. The golden rule
D. The mischief rule

A

A. The application of legal or technical meaning

B. The contra proferentum rule.

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8
Q

Which insurance terms and conditions can reduce a policy holders entitlement to a full indemnity following a loss?

A. An average clause
B. An operative clause
C. A policy excess
D. A subrogation clause

A

A. An average clause

C. A policy excess

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9
Q

An insurers Subrogation rights may arise:

A. Following an ex gratia payment
B. In contract 
C. In tort 
D. Under estoppel 
E. Under statute
A

B. In contract
C. In tort
E. Under statute

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