GENERAL INSURANCE PRINCIPLES (GEN2B) SYLLABUS 2010
OBJECTIVE: to develop in the candidate:

an understanding of the principles which form a background to the operation of insurance;

an understanding of the legal system within which these principles operate;

the ability to apply this knowledge and skills to insurance situations.
TOPIC
LEARNING OUTCOMES
QUESTION
TYPE
SOURCE LEARNING
MATERIAL
(SECTION)
INDICATIVE
EXAM
QUESTION
DISTRIBUTION
Distinguish between criminal and civil
law and describe the origins of Irish
Law.
U
A&B
1
Outline the history and role of the Irish
Constitution.
K
B1
1
Recognise the institutions of the
European Union.
K
B2
1
List the institutions of the Irish State and
explain their roles.
K&U
B3A
2
Identify the different types of Irish
legislation.
K
B3B
1
Recognise the role of solicitors and
barristers in the Irish legal system.
K
C
1
Name the courts in the Irish criminal
and civil courts system.
K
C1
1
Recognise the function of
InjuriesBoard.ie in civil cases.
K
C2
1
Explain the concepts of precedence
and constitutionality in Irish law and
illustrate the rules applied to the
interpretation of laws.
K&U
D1, D2 & D3
2
List the presumptions applicable to
legislation.
K
D4
1
Describe and apply the status and
capacity of the various classes of
persons within the Irish legal system.
K&A
E
(1K, 2A)
List the features and structure of the
various types of companies.
K
E9, E10
2
Distinguish between the structure of a
registered company and a partnership
and distinguish between corporations
and unincorporated associations.
U
E9, E10 & E11
1
Identify the features Trade Unions and
the impact of relevant legislation on
their operation.
K
E12
1
Having studied the material students
should be able to:
CHAPTER 1
LAW –
CLASSIFICATIONS,
LEGAL SYSTEM
AND LEGAL
PERSONALITY
the
CHAPTER 2
K&U
A
2
State how torts are classified.
K
B
1
Recognise the concept of strict liability.
K
B1
1
List and describe the characteristics of
and the main principles governing the
tort of negligence.
K&U
C
3 (2K, 1U)
List the characteristics and forms of the
tort of trespass.
K
D
2
Differentiate between public and private
nuisance.
U
E
1
Outline the principles governing the tort
of nuisance.
K
E1 – E4
2
Apply the rule arising from the case of
Rylands v Fletcher.
A
F
1
List the requirements to succeed in an
action for a breach of statutory duty and
identify the legislation which imposes a
statutory duty upon certain forms of
insurance.
K
G
1
Explain the concept of vicarious liability.
U
H
1
Identify and explain the necessary
elements and special defences relating
to the tort of defamation.
K&U
I
2
Explain the main defences and
remedies in tort and apply these
defences to practical situations.
K, U & A
J&L
4 (2K, 1U & 1A)
Demonstrate the relevant limitation
periods applicable in tort.
A
K
2
CHAPTER 3
Recognise how contracts are classified.
K
A
1
THE LAW OF
CONTRACT AND
ITS APPLICATION
TO INSURANCE
Identify and explain the rules governing
the formation of a contract.
K&U
B
2
State and demonstrate how the general
principles of contract law apply to
insurance.
K&A
B
2
Explain how
classified.
are
K&U
C, C1 & C2
2
Differentiate between the meaning of
conditions and warranties in insurance
and in general contract law and apply
them to insurance.
U&A
C3, C3A-C & C3E
2
Explain the remedies available for
breaches of conditions and warranties
in insurance.
U
C3D
1
THE LAW OF
TORTS
Differentiate between torts, crimes and
breaches of contract and define
damages.
contract
terms
CHAPTER 4
UTMOST GOOD
FAITH
CHAPTER 5
INSURABLE
INTEREST
CHAPTER 6
State the effect of the Road Traffic Act
1961 on breaches of warranties and
conditions.
K
C3F
1
State and explain the elements which
affect the validity of contracts.
K&U
D
2
Explain illegal insurance contracts and
how they may arise in insurance and
outline the difference between void and
voidable insurance contracts.
U
D & D1
1
Explain the ways in which a contract
may be discharged and apply the
remedies for breach of contract.
U&A
E&F
2
Apply the relevant limitation periods in
contract.
A
G
1
State the basic types of assignment of
contractual rights and duties and apply
these principles specifically to
insurance.
K&A
H
3 (2K, 1A)
Recognise the concept of privity of
contract.
K
I
1
State the main rules governing the
interpretation of insurance contracts.
K
J&K
2
Distinguish between misrepresentation
and non-disclosure and explain the duty
of disclosure in insurance.
U
A, B, B1 & B5
1
Explain and illustrate the nature of
material facts and recognise the special
rules that apply to compulsory
insurances.
K&U
B2, B3, B4 & B6
2
State the forms which a breach of the
duty of utmost good faith may take, the
remedies available for breaches and
apply this to insurance.
K
C1 & C2
1
Explain the effects of legislation and
Codes of Practice – statutory and
voluntary – on the duty of utmost good
faith.
K&U
C3
2
Define insurable interest and apply the
key features required for it to exist.
K&A
A
2
Identify how insurable interest arises
and when it is required in relation to
various classes of insurance.
K
B&C
2
Apply the doctrine of insurable interest
to the various classes of insurance.
A
C
2
Define the principle of proximate cause.
K
A
1
PROXIMATE
CAUSE
CHAPTER 7
INDEMNITY
CHAPTER 8
SUBROGATION
AND
CONTRIBUTION
Explain the principle of proximate
cause, the elements involved in
identifying the proximate cause of an
event and how the principle of
proximate cause is modified by policy
wordings.
U
A, B & D
1
Apply the doctrine of proximate cause
to insurance situations.
A
B&C
2
Define the principle of indemnity and
state how it is measured.
K
A&B
1
Apply the principle of indemnity to
various classes of insurance business.
A
B
3
State and apply the means by which
insurers limit, reduce, extend or modify
the principle of indemnity.
K&A
C
4 (1K & 3A)
Outline how insurers provide indemnity
and explain the procedures relating to
salvage and abandonment in nonmarine insurance.
K&U
D&E
2
Explain the principle of subrogation as a
corollary of indemnity and how it
operates in insurance.
U
A, B & D
1
Apply the principle of subrogation to
insurance situations.
A
B
1
Identify the sources of subrogation
rights.
K
C1 – C3
1
Explain how subrogation rights may be
modified and the effect of subrogation
waiver clauses.
U
C4
1
Explain the nature of dual insurance
and contribution and explain how
contribution arises at common law and
its operation specifically the application
of common contribution conditions.
K&U
E-H
2 (2K & 1U)
Apply the maximum liability and
independent liability methods of
contribution.
A
I
2