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CII Examination element of M05 Insurance law Sample Questions:

1. A breach of warranty under the general law of contract legally entitles an injured party to

A) avoid the contract ab initio.
B) avoid the contract from the date of the breach.
C) obtain specific performance.
D) claim damages.

2. Dan made a financial arrangement on behalf of Liz. However, Liz had the arrangement set aside by the court on the basis that she had been unduly influenced by Dan. To establish undue influence, the court must have specifically identified Dan as

A) Liz's independent financial adviser.
B) a person holding a dominant position over Liz.
C) Liz's husband.
D) a person holding a senior position at Liz's bank.

3. According to statute law, an unfair term in a consumer insurance contract is defined as one which

A) has been individually negotiated and is to the detriment of either one of the parties.
B) does not restrict liability for death or personal injury.
C) causes a significant imbalance in the parties' rights to the detriment of the consumer.
D) provides insurance where the scope of cover is narrow compared to the premium charged.

4. A claimant may possibly recover money transferred under an illegal contract when

A) both parties to the contract are equal in wrongdoing.
B) the illegality makes the contract voidable rather than void.
C) the legal portion of the contract can be severed from the illega portion.
D) the contract is against public policy but not substantive law.

5. For this question more than 1 option is correct. You must select all the correct options to gain the mark. In a consumer insurance policy, a warranty can arise as

A) a basis of the contract clause.
B) an express term.
C) an exception clause.
D) a continuing warranty.

Solutions: