STATUTES Flashcards
1
Q
Fire Prevention (Metropolis) Act 1774
A
Section 83 - Any person that has interest in property can demand that insurance money is used to reinstate property & not paid to PH. eg tenant
- Liability for fire damage. Liability adjuster, will be looking for defence to damage caused by fire. Property adjuster will be looking at it to consider whether recovery is possible.
2
Q
Section 86 Fire Prevention (Metropolis) Act 1774
A
- This section modifies common law
- If a fire starts accidently in someone’s house or building, they can’t be sued for any damage caused by the fire
- Courts interpreted this law as if it’s started due to negligence or nuisance, it’s not accidental and can therefore be held liable.
3
Q
Hotel Proprietors Act (1956)
A
- Allows hotelier or innkeeper to limit their liability to £50 for any one item or £100 in total for any guest subject to their complying with e requirements set out in the Act.
- Innkeeper has a common law liability for the safekeeping of a guests effect, subject to certain defences.
- Provided that there is no neglect or wilful act on part of the innkeeper or his staff the limits within the Act will be the limit of the innkeepers liability.
- Must display notice informing guests of their liability
- Aims to protect interests of hotel guests
4
Q
Third Parties (Rights Against Insurers) Regulations 2016 as amended by IA 2015
A
- Allows a 3rd party to issue proceedings directly against an Insurer
- Original act dated 1930
- Covers whole of UK
- Updated, insolvency laws and do not need to restore a dissolved company to make a claim
- If liability & state of insolvency entered into was before 1st Aug 2016, the TP (RAI) Act 1930 act will continue to apply
5
Q
Under the Fire Prevention (Metropolis) Act 1774 someone is held liable for fire if caused by;
A
- Deliberate/unlawful
- Negligence
- Non-natural use of land
Defendant also liable if;
- Brought onto land, likely to catch fire and left there in conditions that if fire ignited it would spread to neighbour
- Fire caused in the course of some non-natural use
- The thing ignited & spread
6
Q
Water Industry Act 1991 - Section 209
A
- Water company must take reasonable care to avoid causing damage to property
- Must compensate the property owner for any damages
- AIM = ensure water companies are able to maintain & repair their infrastructure & also protects rights of property owners
- Act provides route for recovery from a water authority following an EOW
7
Q
The Control of Asbestos Regulations 2012
A
- Directed at those who manage or are responsible for building
- Rules apply to all non domestic buildings
Duty holder to;
1. Determine if areas have asbestos
2. Presume materials have asbestos unless indication otherwise
3. Assess risk
4. Plan for managing the risk
8
Q
Equality Act 2010
A
- Prohibits discrimination on basis of protected characteristics incl;
1. Age
2. Gender
3. Disability
4. Gender reassignment
5. Religion - Insurers can use gender, age & certain medical factors to determine premium & coverage. Needs to be justified and not result in unjustifiable discrimination
9
Q
Fraud Act 2006
A
Criminal offence to commit fraud by;
1. Making false representation
2. Failing to disclose info
3. Abusing position of trust w the intention to gain a financial advantage
- Insurance fraud can take many forms such as exaggerating and staging fake accident.
- Insurance companies have duty to investigate claims & report suspected fraud to relevant authorities such as police of IFB
10
Q
Limitation Act 1980
A
- Sets time limits for bringing legal claims in E&W to prevent cases being brough after considerable time.
- Enterprise Act 2016 amended act. Damages for late payments from Insurers is one year from date of last payment from Insurer in respect of relevant loss
- Most claims time limit is 6 years from COD/DOL/breach of contract
- Personal injury = 3 years
Latent damage (eg damage caused by ACM) = 3 years - Breach of trust/fraud = 6 years
- If claim brought outside time limit it may be statute barred & damages may not be recoverable
11
Q
Consumer Protection Act 1987
A
- Protects consumers from products that do not reach a reasonable level of safety
- Act applies to all products incl goods, services, digital content.
- Defective product = doesn’t meet safety standards that a consumer is entitled to expect
- SL on manufacturers, suppliers & importers for damage caused by defective products meaning that they can be held liable even if not negligent or not at fault
- Compensation can be claimed for injury or damage to property caused by defective product
12
Q
Data Protection Act 1998
A
- Replaced by General Data Protection Regulations in May 2018
- Applies to all personal data incl electronically or paper
- Regulated the processing of personal data by businesses’ & organisations
- Gives individuals the right to request their data - for it to be corrected, deleted & to object to it’s processing in certain circs
- Significant penalties for non-compliance, incl fines & imprisonment
- Compensation for damage or distress caused by breach of the act
13
Q
Bribery Act 2010
A
- Criminalises bribery & corruption in both public & private sectors
- Defines bribery; offering, promising, giving, accepting or requesting a financial or other advantage w the intention of inducing or rewarding improper conduct
4 main offences of bribery;
1. Offering or giving a bribe
2. Requesting or receiving a bribe
3. Bribing a foreign public official
4. Failing to prevent bribery by an associated person
- Significant penalties for individuals & companies incl imprisonment & fines
14
Q
Money Laundering Regulations 2007
A
- Prevent money laundering & terrorist financing
- Regs apply to a wide range of business’ & professions incl, banks, accountants, casinos, lawyers, estate agents.
- Regs requite business’ to carry out CDD to identify & verify their identity
- Require suspicious activity to be monitored
- Significant penalties for non-compliance such as fines and imprisonment & revocation of license
- Designed to prevent criminals & terrorists from using the financial system to launder money.
