Commercial

Front 1

If purchase with credit card may gain extra protection and go after creditor is seller insolvent/untraceable.

Back 1

OFT v Lloyds TSB Bank plc

Front 2

a) restricted use credit agreement
b) unrestricted use " "
s75 applies to both

Back 2

Durkin v DSG Retail Ltd

Front 3

non-indemnity: need insuranble interest but only needed at time of loss

Back 3

Feasey v Sun Life Assurance Co

Front 4

Indemnity: need insurable interest at conclusion of contract.

Back 4

Scottish Widows Fund v Buist

Front 5

GD: if the highest of good faith

Disclosure: For life insurance test is from view of reasonably insured

Back 5

Life Association of Scotland v Foster

Front 6

The duty of gd faith persists: through negotiation, the duration of the insurance, at the time of making a claim

Back 6

Manifest Shipping Co Ltd v Uni Polaris Insurance Co. ( The Star Sea)

Front 7

Disclosure: what they should have know with reasonable inquiries

Back 7

Highlands Insurance Co v Continental Insurance Co

Front 8

Disclosure: Opinion is fine as long as you have knowledge and belief to back it up

Back 8

MacPhee v Royal Insurance Co Ltd

Front 9

Disclosure: When a renewal as though it is a completely new contract so must disclose new info.

Back 9

Lambert v Co-operative Insurance Society

Front 10

Disclosure: What is material? Judged from side of prudent insurer.

Back 10

Hooper v Royal London General Insurance Co Ltd

Front 11

Disclosure: To avoid insurer must show was material fact and non-disclosure induced them into the contract

Back 11

Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co ltd

Front 12

Agents: :Lloyd's agents ALWAYS work for insurer

Back 12

Roberts v Plaisted

Front 13

Agents: if known to the agent, deemed known to the principle
a) correct info given to agent-insurer liable
b) agent made error on form and insured signed willingly- insurer NOT liable

Back 13

a) Bawden v London, Edinburgh and Glasgow Assurance

b) Newsholme Bros v Road Transport and General Insurance Co

Front 14

Warranties: can't hold future is unclear that is what it is doing- abstinence from drink, then won bowling match

Back 14

Kennedy v Smith and Ansvar Insurance Co Ltd

Front 15

Warranties: if not totally complied with may avoid contract

gave wrong garage address by itself not material- with warranty was

Back 15

Dawson Ltd v Bannin

Front 16

Warranty: insurer doesn't need to show loss and casual connection between warranty ( though in practice this is always done now)

Back 16

Jones and James v Provincial Insurance Co Ltd

Front 17

Claims: Indemnity principle: must put the insured back where they would have been had the loss not occurred

Back 17

Hercules Insurance Co v Hunter

Front 18

Claims: Thing insured against must be the proximate cause

Back 18

Leyland Sipping Co Ltd v Norwich Union Fire Insurance Society Ltd

Front 19

Claims: If unclear what is proximate cause and one cause insured the other not. Insurer free from liability

Back 19

Wayne Tank and Pump Co Ltd v Employers Liability Assurance Corp Ltd

Front 20

Claims: if an insurer mistakenly pays more than their rateable proportion. Tough

Back 20

Legal and General Assurance Society Ltd v Drake Insurance Co Ltd

Front 21

Debt: if an unauthorised bank payment- bank need to pay you back put you have a duty to keep your accounts under review and notify them in reasonable time

Back 21

Payment Services Regulation 2009 reg 61/ reg 59

Front 22

Debt: if a cheque bounces it's deemed not to have been paid.

Back 22

Leggat Bros v Gray

Front 23

Cautions: liable for principle debt + interest + expense

Back 23

Struthers v Dykes

Front 24

Caution: Limited amount: remains liable up to that amount even if repayments made. appropriation doesn't apply

Back 24

FW Hammer and Co v Gibb

Front 25

Caution: they have a right to relief

a) may call for debtor to relieve him

b) may demand debtor pays the debt

Back 25

Smithy's Place Ltd v Blackadder

a) Doig v Laurie
b) Cunnigham v Montgommerie

Front 26

Caution: giving time is enough to release- failure to press for payment is not.

Back 26

C+ A Johstone v Duhia
Hamilton's Executor v Bank of Scotland

Front 27

Caution: if cautioners not jointly and severally liable there will be three separate debts

Back 27

Morgan v Stewart

Front 28

Caution: creditor needs to ensure they have enough info to know what they are getting into

creditor doesn't need to disclose all facts just those that are material risk
husband and wife

Back 28

Smith v Bank of Scotland

Front 29

Cautioner- to escape liability need "lack of gd faith + an actionable wrong + only relevant when this is a gratuitous obligation"

Back 29

Royal Bank of Scotland plc v Wilson

Front 30

Caution: Novation terminates the relationship as technically a totally new arrangement or IT WILL NOT RELEASE as no delectus persona for creditors

Back 30

Calder and Co v Cruickshank's Tr

De Montfort Insurance Co Plc v Lafferty

Front 31

Caution: Insolvency

a) creditor gets dividend from estate and cautioner pays rest

b)creditor may rank in insolvency for part debt ( not paid by cautioner) , cautioner ranks for bit they did pay

Back 31

a) Mackinnon v Monkhouse

b) Vietch v National Bank of Scotland

Front 32

Cautioner released if creditor gives up security

Back 32

Sligo v Menzies

Front 33

Personal Insolvency: all arrestement under 60 days/ 4 months after sequestration rank pari passu

Back 33

Stewart v Jarvie

Front 34

Personal Insolvency: Challengable transactions the key is why where they done

Back 34

Short's Trustee v Chung (No 2)