Contra proferentem Samenvattingen, Aantekeningen en Examens

LML4805 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 24 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! Question 1 (a) An insured is under a duty to disclose material facts to the insurer prior to the conclusion of an insurance contract. However, this duty is not unlimited and there are several instances where, even if the facts in question are material, the insured need not disclose it. Discuss five such instances where an insured do...

C12 - Insurance on Property – Midterm Exam Questions and Answers 100% Pass Defining Property Insurance - Correct Answer ️️ --Protection against loss/damage to property -First party insurance -Premium exchanged for protection -Fortuitous losses (sudden and accidental) -Insurable interest -Intangible product Real vs Personal Property - Correct Answer ️️ -R: buildings or land (can't be moved) P: office desk or machinery (can be transported) Promise that Property Insurance is b...

PMAN Test 1 Questions and Answers 100% Verified what is a project? a project is an activity, or set of activities with a clearly defined objective. it is a single, non-repetitive enterprise usually undertaken to achieve planned results within a budget and a time limit. A typical document for tendering and the subsequent running of a project consists of four main parts, of which the specification and schedule of quantities are two. Name and briefly describe the other two parts. condit...

Exclusion clause - correct answer Excludes one parties liability Limitation clause - correct answer Limits one parties authority to a particular amount Exemption clause - correct answer To cover both exclusion and limitation clause Strict construction - correct answer Strict but not hostile Traditionally there was a doctrine that was the vehicle for strict construction called contra proferentem: - If there is some ambiguity in the exclusion clause, then it would be interpreted again...

1. What is a project? - A project is any activity or group of activities that has a clearly defined objective, a beginning and an end. It is a single, non-repetitive enterprise usually undertaken to achieve planned results within a time limit and a cost budget. 2018 2. A typical document for tendering and the subsequent running of a project consists of four main parts, of which the specification and schedule of quantities are two. Name and briefly describe the other two parts. - Condit...

Unfair Terms and Exemption Clauses (UTEC) • EXEMPTION CLAUSE = a contractual term that purports to limit or exclude a liability that would otherwise attach to one of the contracting parties • Where commercial parties are negotiating a contract it is more common for a party to limit its liability, rather than exclude it • Need to consider the following three points when considering whether a party can rely on an exemption clause: o INCORPORATION: Is the exemption clause part of the c...

Vlastos v. Sumitomo Marine & Fire Insurance Company - breach of warranty Facts: Vlastos obtained fire insurance from the D. The policy stated in part: "Warranted that the 3rd floor is occupied as Janitor's residence." After the building was destroyed by fire, D refused to pay the claim citing breach of warranty because a massage parlor was also on the third floor with the janitor. 3 people were killed. Holding: AMBIGUITY: a reasonable person could have understood Vlastos to have warranted...

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THIS DOCUMENT IS 11 PAGES OF NOTES FOR OBLIGATIONS/CONTRACT LAW 1 EXAM I made these notes in the weeks before my exam and took my a long time to put together, the price I believe is fair! If you have any questions message me (: Formation of Contract Agreement (subjective & objective) Types of contract Cases for formation and types of contract Tests for contracts Establishing agreements in unilateral and bilateral contracts Definitions of offer, acceptance, consideration & invitations to treat i...

Test bank for Employment Law for Business and Human Resources Professionals 4e 4th Revised Edition by Kathryn J. Filsinger. ISBN-13: 5967 Full Chapters test bank included Part I: Legal Framework Chapter 1: Overview of Legal Framework Learning Outcomes Introduction Sources of Employment Law Judicial Framework Where to Find Employment Laws Defining the Employment Relationship Key Terms References Related Websites Review and Discussion Questions Part II: Hiring Chapter 2: Human R...