LAW08014 2022 Business Law for Insurance Practitioners
Full Title
Business Law for Insurance Practitioners
Transcript Title
Business Law for Insurance
Code
LAW08014
Attendance
N/A %
Subject Area
LAW - Law
Department
BUS - Business
Level
08 - Level 8
Credit
10 - 10 Credits
Duration
Semester
Fee
€
Start Term
2022 - Full Academic Year 2022-23
End Term
9999 - The End of Time
Author(s)
Dr. Leonard Taylor, Bryan Coyne
Programme Membership
SG_BINSL_H08 202200 Bachelor of Arts (Honours) in Insurance Practice (Life) (Apprenticeship)
SG_BINSU_H08 202200 Bachelor of Arts (Honours) in Insurance Practice (General)
SG_BINSL_H08 202400 Bachelor of Arts (Honours) in Insurance Practice (Life) (Apprenticeship)
SG_BINSU_H08 202400 Bachelor of Arts (Honours) in Insurance Practice (General)
Description
This module will give the Insurance Practitioner a general introduction to insurance law within the Irish and European legal systems.This module builds on the legal content in the insurance modules in year 1 and year 2 and equips the learner with knowledge and skills which are essential in the commercial environment and the insurance industry. Studies will include the Law of Agency, principles of insurance, and the formation of the insurance contract. The module will also focus on legal development in the supervision and regulation of the insurance industry. It is intended that this module will create an awareness of where legal expertise may need to be sought.
Learning Outcomes
On completion of this module the learner will/should be able to;
1.
Describe the system of administration of justice in Ireland, the court system, and the sources of Irish law.
2.
Apply the fundamental principles of contract law and tort law to facilitate informed decisions in the commercial environment;
3.
Examine and detail the laws of agency, duty of agents, and an agent's rights and authority.
4.
Critically engage with developments in Insurance Law, the role of the Central Bank, and in the insurance industry's regulation and supervision.
5.
Demonstrate a clear understanding of the fundamental principles of insurance law, and their role in the construction of an insurance contract
Teaching and Learning Strategies
This module will be delivered with a mixture of face to face and on-line delivery.
Module Assessment Strategies
This module will be assessed by both continuous assessment and final examination.
Repeat Assessments
Repeat assessment requirements is an exam paper to be completed by the student.
Indicative Syllabus
1. The Irish and European legal systems
- Differences between civil and criminal law
- Sources of law, the Irish Constitution, Separation of Powers
- The Irish court system
- The importance of European Union law in relation to our legal system.
2. Legal Personality
- Various classes of legal persons
- Companies
- Partnerships
3. The fundamental principles of tort law
- Nature and classification of torts
- The basic principles of the law of negligence; trespass; nuisance; defamation
- Personal injury actions
- Vicarious liability, employer's liability and product liability
- General defences in tort and remedies
- time limitations
4. The fundamental principles of contract law
- The essential elements of a legally binding contract
- Differentiate between the various terms of a contract
- Exemption clauses and contracts in restraint of trade
- Understand how contracts can be discharged and the appropriate remedies
5. Agency
- Law of Agency
- Duties of an agent
- Rights and Authority of an agent
- Contracts made by the agent
- Termination of agency
6. Insurance Law
- Insurance regulation and supervision in Ireland
- The role of the Central Bank
- Authorisation of Insurers
7. The Principles of Insurance
- Utmost good faith (uberrimae fidei)
- Insurable interest, development of law
- Subrogation
- Contribution
- Proximate Cause
8. The Insurance Contact
- Formation of the insurance contract
- Insurable interest
- Consideration
- Disclosure and Misrepresentation
- Warranties and other terms
- Making a Claim
- Temporary Cover and Renewals
Coursework & Assessment Breakdown
Coursework & Continuous Assessment
30 %
End of Semester / Year Formal Exam
70 %
Coursework Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | MCQ, Written Report, Case Study, Exam, Other | Coursework Assessment | Practical Evaluation | 30 % | Week 8 | 1,2,3,4,5 |
| 2 | Continuous Assessment Weekly activities in class such as question and answer sessions, class discussion, case studies etc. | Formative | Assessment | 0 % | OnGoing | 1,2,3,4,5 |
End of Semester / Year Assessment
| Title | Type | Form | Percent | Week | Learning Outcomes Assessed | |
|---|---|---|---|---|---|---|
| 1 | Final Exam | Final Exam | Closed Book Exam | 70 % | End of Term | 1,2,3,4,5 |
Full Time Mode Workload
| Type | Location | Description | Hours | Frequency | Avg Workload |
|---|---|---|---|---|---|
| Lecture | Online | Class based instruction. | 1.5 | Weekly | 1.50 |
| Independent Learning | Not Specified | Self Study | 3 | Weekly | 3.00 |
| Tutorial | Online | On-line tutorial | 1 | Weekly | 1.00 |
| Lecture | Offsite Facility | Face to Face Tutorial | 3 | Twice Per Semester | 0.40 |
Total Full Time Average Weekly Learner Contact Time 2.90 Hours
Required & Recommended Book List
Recommended Reading
2011-09-01 Principles of Irish Law Gill & MacMillan
ISBN 0717149897 ISBN-13 9780717149896
2011-09-01 Principles of Irish Law Gill & MacMillan
ISBN 0717149897 ISBN-13 9780717149896
A new edition of this well-established and popular introductory text, reflecting all relevant constitutional changes, new statutory provisions and the latest judicial pronouncements. Tribunals of Inquiry (Evidence) Acts 1921-2004 NEW TO THIS EDITION: * Changes effected by the Lisbon Treaty (2009) * The Land and Conveyancing Law Reform Act 2009 and the Registration of Deeds and Title Act 2006 * Changes to tort law arising from the Defamation Act 2009 * Impact of the Consumer Protection Act 2007 * Explains new additions to the law by the enactment of the Passports Act 2008, the Adoption Act 2010 and the Civil Partnership and Certain Rights and Obligations of Cohabitation Act 2010 (if in operation by 31 December 2010) * Consequential changes brought about as a result of the following statutes: * Civil Law (Miscellaneous Provisions) Act 2008 *Commissions of Investigation Act 2004 *Copyright and Related Rights (Amendment) Act 2007 *Criminal Justice (Human Trafficking) Act 2008 *Electoral (Amendment) Act 2009 *Personal Injuries Assessment Board (Amendment) Act 200 *Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 *Planning and Development Act 2009 *Tribunals of Inquiry (Evidence) Acts 1921-2004 Water Services Act 2007. *The latest Supreme Court and High Court cases and decisions are employed in this edition. SUITABLE FOR: Students of law and law enforcement, business, accounting, banking, marketing, management and administration, as well as students of auctioneering and the social and caring services. Changes effected by the Lisbon Treaty (2009)
Recommended Reading
2015-11-15 Business Law (Law Society of Ireland Manuals) Oxford University Press
ISBN 0199678650 ISBN-13 9780199678655
2015-11-15 Business Law (Law Society of Ireland Manuals) Oxford University Press
ISBN 0199678650 ISBN-13 9780199678655
Written by leading experts in the field, the sixth edition of Business Law is designed to provide trainee solicitors with a clear understanding of key aspects of business law, one of the most challenging and dynamic areas of law in study and in practice. Each chapter gives a clear overview of the subject as well as focusing on the legal issues that solicitors face in practice. Coverage includes: establishing and operating a business, buying and selling a business, selected business law issues, and business arrangements.
The manual is essential reading for trainee solicitors on the Law Society of Ireland's Professional Practice Courses, and is also an excellent resource for Irish legal practitioners.
Required Reading
2021 Essentials of Irish Business Law
ISBN 1916019986 ISBN-13 9781916019980
2021 Essentials of Irish Business Law
ISBN 1916019986 ISBN-13 9781916019980
Module Resources
Non ISBN Literary Resources
Journal Resources
URL Resources
www.oireachtas.ie
www.irishstatutebook.ie
www.courts.ie
www.constitution.ie
www.citizensinformation.ie
www.workplacerelations.ie
www.injuriesboard.ie
www.westlaw.ie
www.bailii.org
Other Resources
None.
Additional Information
None