Commercial Law Assignment BULAW1503
Assessment criteria:
See Course Description alongside the Criterion-Referenced Marking Rubric (contained in this document).
In summary, you will be assessed on the extent to which you have:
Conducted independent research relevant to the topic, including the use of secondary legal sources such as several legal texts,
authoritative materials from internet sites and academic (peer reviewed) journal articles and books.
Answered the set question(s) through identification and discussion of relevant legal issues.
Demonstrated an understanding of the topic, presented different points of view (if applicable), presented well-constructed arguments and
demonstrated critical thinking.
Provided proper referencing throughout the body of your response and a bibliography or reference list.
Used clear expression.
assignment Topic:
Students should refer to relevant case law and legislation in their response.
Question 1 (30 marks)
James has a comprehensive policy of insurance over his prime mover with M2U insurance. The policy provides that the proposal documentation forms the basis of the terms and clearly states that any material concealment of circumstances could render the policy void. In the proposal, James is asked for details regarding where the vehicle will usually be garaged. He is also asked about details about the age and condition of the vehicle. James responds comprehensively about the condition and age. However, in response to the question on the location of where the vehicle is garaged, James responds that it would be at the “above address”, this being his ordinary business address located in Berwick, Victoria. The vehicle was actually garaged at a farm located in Ballan, Victoria which is located a considerable distance away and in a rural area.
A few months into the newly established comprehensive policy of insurance, a fire broke out at the shed where the vehicle was stored, and it was destroyed.
Required: Identify the legal issues arising with reference to insurance law. Upon identifying the legal issues, provide advice to James. Throughout
your answer, you should support your discussion with reference to sections of the relevant legislation and associated case law.
Commercial Law Assignment BULAW1503
Question 2 (10 marks)
The Doctrine of contra proferentum is applied to contracts of insurance. Explain the rationale for the use of this rule in insurance law and provide
a relevant example. (10 marks)
Criterion-Referenced Marking Rubric (applied separately for each question)
Commercial law (BULAW1503)
Assessment 2: Assignment (Marked out of 40) APA FORMAT