- The contract of insurance is the Locus Classicus illustration of the so called contracts uberrimae fidei i.e. utmost good faith.
- Tt modifies the common law principle of caveat emptor.
- Both parties are bound to disclose material facts. The duty to disclose on the part of the insurer and insured is voluntary and bilateral. It was so held in Carter V. Boehm.
- Parties are bound to disclose material facts in their actual and presumed knowledge.
- A fact is deemed material if a reasonable person in the circumstance of the insured and disclosed it.
- In the alternative, a fact is deemed material if it would have influenced the judgement of a prudent insurer in determining whether or not to take the risk and how much premium to charge.
- The duty to disclose generally exists throughout the negotiation period.
- Non-disclosure of a material fact renders the contract voidable at the option of the
innocent party.
- Although the contract of insurance is one of the utmost good faith, certain matters need
not be disclosed, for example unknown facts, matters of public notoriety insureds opinion,
legal propositions or provisions etc.
raphael answered the question on April 17, 2018 at 18:33
- What liability is imposed on the seller of goods as regards their merchantable quality and
their fitness for the purpose of those goods?(Solved)
What liability is imposed on the seller of goods as regards their merchantable quality and
their fitness for the purpose of those goods?
Date posted: April 17, 2018. Answers (1)
- In relation to the Law of Succession, what are the duties of a personal representative?(Solved)
In relation to the Law of Succession, what are the duties of a personal representative?
Date posted: April 17, 2018. Answers (1)
- Due to Desmond's carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours....(Solved)
Due to Desmond's carelessness in allowing excessive electric current to develop in his generator, the electricity supply to the locality cut after a few hours. As a result, Derrick's factory was at a standstill during this period and he lost Sh. 50,000 by way of profits from lost production.
Advise Derrick in regard to his rights, if any, against Desmond.
Date posted: April 17, 2018. Answers (1)
- “An occupier of premises owes a duty of care towards persons who are lawfully on his premises. The Occupiers Liability Act does not affect the...(Solved)
“An occupier of premises owes a duty of care towards persons who are lawfully on his premises. The Occupiers Liability Act does not affect the position of trespassers.”
In relation to the above statement, what is the extent of potential liability of an occupier and to what extent can such an occupier safeguard such liability.
Date posted: April 17, 2018. Answers (1)
- Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to...(Solved)
Mrs. Hamilton borrowed Sh. 5 million from White Bank and offered her house at White Highlands Estate as a security. She has been unable to service the loan and is in arrears. The bank intends to realize the security and seeks your legal advice on what options they can take to realize the security.
Advise White bank.
Date posted: April 17, 2018. Answers (1)
- In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
lease agreement.(Solved)
In relation to the Law of Property, state five obligations of a lessor towards a lessee in a
lease agreement.
Date posted: April 17, 2018. Answers (1)
- Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory,...(Solved)
Annan agreed to paint Angela's house at an agreed price. When Annan had finished thework. Angela discovered that although most of the painting was satisfactory, Annan had forgotten to apply a coat of gloss paint on one of the doors. Annan fell ill and could not complete the work. Angela refused to pay Annan the contractual price, claiming that the contract had not been fully executed and that therefore he was entitled to be paid only a reasonable sum for the work he had actually undertaken. This, Annan
claimed, was much less than the contract price.
Advise Annan.
Date posted: April 17, 2018. Answers (1)
- How true is it to say that in order for a contract to be discharged by performance, the
performance must be precise and exact?(Solved)
How true is it to say that in order for a contract to be discharged by performance, the
performance must be precise and exact?
Date posted: April 17, 2018. Answers (1)
- “A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.(Solved)
“A corporation may be defined as a legal entity or artificial person.” Explain what is
meant by this statement.
Date posted: April 17, 2018. Answers (1)
- Explain three characteristics of a private limited company(Solved)
Explain three characteristics of a private limited company.
Date posted: April 17, 2018. Answers (1)
- Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.(Solved)
Differentiate between a Memorandum of Association and Articles of Association of a registered company and detail the contents of the Articles of Association.
Date posted: April 17, 2018. Answers (1)
- The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of...(Solved)
The Business Premises Rent Tribunals are established under section 11 of The Landlord and Tenant (Shops, Hotels and Catering Establishment Act (Cap 301) Laws of Kenya.
What purpose do these tribunals serve and what are their main and important powers as stipulated under the Act?
Date posted: April 17, 2018. Answers (1)
- Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party(Solved)
Distinguish legal rights from equitable rights and outline the main equitable remedies
available to an aggrieved party.
Date posted: April 17, 2018. Answers (1)
- Describe the various branches of civil law(Solved)
Describe the various branches of civil law.
Date posted: April 17, 2018. Answers (1)
- Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.(Solved)
Outline five classes of persons who may be classified as dependants for purposes of provision under the Succession Act.
Date posted: April 16, 2018. Answers (1)
- In relation to the law of succession: (i) Define a will; (ii) Explain four formalities of a will.(Solved)
In relation to the law of succession:
(i) Define a will;
(ii) Explain four formalities of a will.
Date posted: April 16, 2018. Answers (1)
- In relation to the Sale of Goods Act, explain the circumstances when: (i) A buyer may reject the goods and repudiate the contract (ii) The...(Solved)
In relation to the Sale of Goods Act, explain the circumstances when:
(i) A buyer may reject the goods and repudiate the contract
(ii) The buyer may lose the right to reject the goods.
Date posted: April 16, 2018. Answers (1)
- Explain the remedies available to an unpaid seller against:(i) The goods; (ii) The buyer under the Sale of Goods Act.(Solved)
Explain the remedies available to an unpaid seller against:
(i) The goods;
(ii) The buyer under the Sale of Goods Act.
Date posted: April 16, 2018. Answers (1)
- Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement(Solved)
Explain how a hire purchase agreement differs from: (i) A credit sale agreement; (ii) A conditional sale agreement.
Date posted: April 16, 2018. Answers (1)
- Explain five implied conditions and warranties in a hire purchase agreement(Solved)
Explain five implied conditions and warranties in a hire purchase agreement.
Date posted: April 16, 2018. Answers (1)