CII M05 Practice Questions - Insurance Law (M05) Exam

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When a parliamentary Act (statute) conflicts directly with an established common law rule in England and Wales, how is the conflict resolved?

The statutory provision prevails over common law due to parliamentary sovereignty. The common law rule automatically invalidates the statute. The High Court must refer the conflict to the European Court of Human Rights. The common law rule prevails if it has existed for more than 100 years.

Correct Answer:

The statutory provision prevails over common law due to parliamentary sovereignty.

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