ZCAS University

SLA3262: Commercial Law II

ASSIGNMENT QUESTION

Date of Issue: 1st September 2023

Due Date: 22nd September 2023

ASSIGNMENT QUESTION

In his quest to acquire a motor vehicle policy covering him in respect of third-party risks, Mr
Mbeba approached an insurance agent for assistance. Mr Mbeba gave answers to the
questions in the proposal form orally to the agent who wrote down the answers incorrectly.
Mr Mbeba then signed the form, and by so doing, he warranted the truth of the statements
contained in it. Mr Mdeba obtained the motor vehicle policy.

Whilst driving at an excessive speed, Mr Mbeba negligently killed a pedestrian and he was
subsequently found guilty of manslaughter. He claimed an indemnity under the policy in
respect of the damage which he had to pay as compensation for accidental personal injury but
the insurance company claimed that it was not liable. Mr Mbeba is contemplating court
action and he feels so frustrated that he vows never to insure his motor vehicle again because
of the insurer’s refusal to indemnify him.

Required: With the aid of various legal authorities and based on your knowledge of
insurance law, prepare a write up addressing Mr Mbeba’s concerns and in addition, show
whether Mr Mbeba’s court action will succeed or not.
(10 marks)

ASSIGNMENT WRITING GUIDELINES

1. The assignment must be typed in Microsoft Word and uploaded on the Turnitin link
to be provided on the E-Learning portal before/by the due date.
2. Other general requirements:-
a. Length – Maximum 5 pages (excluding the Title and Bibliography pages),
b. Use The OSCOLA Referencing Style,
c. Maximum similarity index is 30%,
d. Font size – 12,
e. Font type – Times New Roman,
f. Text alignment – justified,
g. Spacing – 1.5 lines and
h. Pages that contain text must be numbered, i.e. excluding Title and
Bibliography pages (bottom center- aligned).