- 20 Marks
Question
a. Where an insurer has settled a claim on behalf of another insurer, certain insurable interests apply.
Required: State FOUR conditions for contribution to take place.
b. The validity of a contract may be vitiated by some factors known to law. Required: State TWO factors that may vitiate a contract.
c. An employee may be dismissed for justifiable reasons. Required: State FOUR grounds upon which an employee may be dismissed.
d. The Trustee Investments Act stipulates securities in which trustees may invest. Required: State THREE categories of securities in which trust funds may be invested.
Answer
a. In insurance claims, the following are the conditions for contribution:
i. The risk which occurred must be common to all the policies; ii. The insurances must have a common subject matter; iii. The policies must cover the same interest, that is, all the policies must be in protection of the same interest of the insured; iv. Each policy must be enforceable as at the date of loss because an Invalid policy as at time of the loss would not give rise to a claim of contribution, and v. The policies must not exclude contribution.
b. The factors that vitiate a contract include:
i. Mistake; ii. Misrepresentation; iii. Duress; and iv. Undue influence.
c. An employee may be dismissed for any of the following:
i. Act or conduct likely to bring the employer into disrepute; ii. When the servant’s practices or conducts expose the master to loss of public confidence; iii. Gross immorality; iv. Absenteeism without leave or permission, amounting to an abandonment of duties; or v. Gross misconduct, which may include insubordination, habitual drunkenness, gross negligence, willful disobedience of lawful orders.
d. By virtue of the Trustee Investment Act, trust funds may be invested in the following categories of securities:
i. Securities created or issued by or on behalf of the Government of the Federation of Nigeria.
ii. Securities of a State government declared to be securities in which a trustee can invest by the President of the Federation by notice published in the Federal Gazette.
iii. Securities created or issued by public corporations such as are listed in the schedule to the Act and which are by notice published from time to time in the federal gazette by the President of the federation to be securities in which trustees may invest; and
iv. Debentures and fully paid-up shares of any company incorporated and registered under the Companies and Allied Matters Act provided that the company is not a private company. In other words, a trustee may only invest in the debentures and paid-up shares of a public limited liability company. In addition, the shares and debentures must be quoted on the Nigerian Exchange Limited.
- Topic: Employment law, Law of Contract, Law of Trusts, Law Relating to Banking
- Series: Nov 2024
- Uploader: Salamat Hamid