Assignment Task
Question 1 – Learning Outcome 2 (10 marks)
Susan works as a claims handler for AB Ltd, an insurer.
A policyholder of AB Ltd is a local authority, which has responsibility for a children’s outdoor playground. The local authority telephones Susan to discuss a claim.The local authority has received a claim against it for personal injury to a child who had fallen off a slide in the playground. The local authority admits to Susan that it had failed to maintain the slide and it was this lack of maintenance that caused the child to fall off the slide.
(a) Identify, with justification, the tort that the local authority is most likely to have committed. Your answer must not include the common law tort of negligence.
(b) Explain briefly, the legal remedy available to the child in respect of their personal injury. (6)
Question 2 – Learning Outcome 3
CD Ltd is a direct household insurer. CD Ltd ran an online promotion stating that new customers taking out insurance policies before the 31 March will save 10% on their annual premium. Adisa, a prospective policyholder, wished to take out a household insurance policy with CD Ltd. Prior to the31 March, Adisa went online to purchase an insurance policy but the 10% discount originally promised was no longer available.Adisa subsequently challenged CD Ltd as to why the 10% discount was no longer available. CD Ltd stated that the promised premium reduction had been removed from the online promotion before the 31 March and therefore it would not apply to Adisa’s insurance premium.
(a) Explain, with justification, the legal nature of the online promotion. Refer to one relevant case in support of your explanation.
(b) Explain, with justification, whether CD Ltd was legally entitled to remove the discount in the promotion before the 31 March
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