CII INSURANCE LAW M05
PRACTICE EXAM 50
QUESTIONS
Question 1: Which source of English law is made under powers granted by an Act of Parliament?
Choices:
1) Case law 2) Delegated legislation 3) Equity 4) Local custom
Correct Answer: Delegated legislation
Explanation: LO1 — Delegated legislation is made by a person or body using authority conferred by primary legislation, often called the enabling or parent Act.Page 1
Question 2: In an ordinary civil action, what standard of proof will the court
normally apply?
Choices:
1) Beyond reasonable doubt 2) Clear and convincing evidence 3) Balance of probabilities 4) Absolute certainty
Correct Answer: Balance of probabilities
Explanation: LO1 — Civil liability is normally determined on the balance of probabilities: the claimant must show that the asserted facts are more likely than not.
Question 3: For a point of English law that has exhausted the normal domestic
appeal route, which court is generally the �nal court of appeal?
Choices:
1) County Court 2) Crown Court 3) Court of Appeal 4) Supreme Court
Correct Answer: Supreme Court
Explanation: LO1 — The Supreme Court is the �nal domestic court of appeal for civil cases and for criminal cases from England, Wales and Northern Ireland.Page 2
Question 4: Which set of elements must a claimant normally establish to succeed in negligence?
Choices:
1) Duty of care, breach, causation and actionable damage 2) Intention, o�er, acceptance and consideration 3) Possession, title, demand and refusal 4) Publication, malice, falsity and �nancial loss
Correct Answer: Duty of care, breach, causation and actionable damage
Explanation: LO2 — Negligence requires a duty of care, breach of that duty, factual and legal causation, and damage that is not too remote.Question 5: A delivery driver negligently injures a pedestrian while making deliveries for the employer. Which doctrine may make the employer liable for the driver's tort?
Choices:
1) Strict contractual liability 2) Contributory negligence 3) Vicarious liability 4) Promissory estoppel
Correct Answer: Vicarious liability
Explanation: LO2 — Vicarious liability can make an employer liable for torts committed by an employee in the course of employment.Page 3