#1
What is an offer in contract law?
A proposal to enter into a contract
ExplanationAn offer is a proposal made with the intention to create a legal obligation if accepted.
#2
What does the term 'consideration' mean in contract law?
An agreement to exchange something of value
ExplanationConsideration is what each party to a contract must receive to make the contract legally binding.
#3
What is the statute of frauds?
A law requiring certain contracts to be in writing
ExplanationThe statute of frauds mandates that certain types of contracts must be in writing to be enforceable.
#4
In insurance law, what is subrogation?
The transfer of the insured's rights to the insurer
ExplanationSubrogation allows an insurer to step into the shoes of the insured to recover from third parties.
#5
What is the main purpose of the parole evidence rule in contract law?
To prevent the introduction of oral evidence that contradicts a written contract
ExplanationThe parole evidence rule limits the use of extrinsic evidence to alter the terms of a written contract.
#6
In insurance, what is underwriting?
The process of deciding whether to accept a risk
ExplanationUnderwriting involves evaluating risks to determine if they meet the insurer's standards and pricing accordingly.
#7
What is the principle of privity of contract?
The idea that only the parties to a contract have rights and obligations under the contract
ExplanationPrivity of contract means that only the parties involved in the contract can enforce its terms or be bound by them.
#8
What is the doctrine of uberrimae fidei in insurance?
The principle of utmost good faith
ExplanationUberrimae fidei requires both parties to an insurance contract to act with complete honesty and disclosure.
#9
What is the concept of 'force majeure' in contract law?
An unforeseeable event that excuses a party from performing their contractual obligations
ExplanationForce majeure refers to uncontrollable events that may relieve parties from fulfilling their contractual duties.
#10
What is an indemnity clause in a contract?
A clause that limits liability
ExplanationAn indemnity clause outlines the extent of one party's responsibility to compensate the other for losses or damages.
#11
What is the difference between a warranty and a representation in contract law?
A warranty is a promise about the present or future, while a representation is a statement of fact
ExplanationWarranties are assurances about product quality or performance, while representations are factual statements influencing contract formation.
#12
What is the role of an insurance broker in the insurance industry?
To represent the interests of the insured in obtaining insurance
ExplanationInsurance brokers act as intermediaries between insurance companies and clients, helping clients find suitable coverage.