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Bms 417: Liability Insurance Question Paper

Bms 417: Liability Insurance

Course:Bachelor Of Commerce

Institution: Kenyatta University question papers

Exam Year:2011

DATE: TUESDAY, 5TH APRIL 2011 TIME: 8.00 A.M. - 10.00 A.M.

INSTRUCTIONS: Answer Question ONE and nay other TWO questions.

Question 1 (30 marks)

(a)
Explain the concept of Damnum sine injuria and injuria sine damno as used

in liability insurance.

(10 marks)

(b)
Briefly discuss the following torts with respect to liability insurance, quoting

relevant cases where appropriate:

(i)
Negligence

(3 marks)

(ii)
Trespass

(3 marks)

(iii)
Strict liability

(4 marks)

(c)
Explain the criteria which courts adopt to assess whether the defendant was

in breach of the duty of care placed on them.

(10 marks)

Question 2 (20 marks)

(a)
‘A customs officer was passing in front of a warehouse when six bags of

sugar fell on him’. Discuss this statement with respect to the tort of

negligence, referring to the claimant’s position with respect to

‘res ipsa loquitor’

(10 marks)

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(b)
Using relevant examples, distinguish between a public and private nuisance.

(10 marks)

Question 3 (20 marks)

(a)
Briefly discuss the scope of cover of an employer’s liability insurance policy.

(10 marks)

(b)
Discuss the common exclusions to public and products liability policy.
(10 marks)

Question 4 (20 marks)

(a)
Giving relevant examples, explain the ways in which liability against a

director may arise in common law, necessitating directors’ and officers’

insurance cover.

(10 marks)

(b)
Discuss the cover accorded by a professional indemnity policy.

(10 marks)

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Bms 417: Liability Insurance Question Paper

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