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CASE (QUESTION 1 (B) REMEDIES (RIGHT TO AVOID THE POLICY AS A WHOLE…

- - - - RECIPROCAL DUTY BY THE PROPOSER AND THE INSURER COMPANY
      - MATERIAL FACTS
        
        MATERIALS THAT NEED TO BE DISCLOSED
        
        PHYSICAL HAZARD
        
        MORAL HAZARD
        
        MATERIALS NOT NEED TO BE DISCLOSED
      - POSITIVE DUTY DISCLOSURE IN INSURANCE
  - - - INNOCENT : YES
      - FRAUDALENT : YES
    - - INNOCENT : NO
      - FRAUDALENT : YES
    - - INNOCENT : YES
      - FRAUDALENT : YES
    - - INNOCENT : NO
      - FRAUDALENT : NO
- - - - OFFER AND ACCEPTANCE
        
        WHAT MUST BE AGREED
        
        0N THE 24 JANUARY, THE AGENT HAVE COMMENCE THE DURATION OF DATE CONTRACT FOR A YEAR CONTRACT WHICH ARE 24 JAN 2018 UNTIL 23 JAN 2019
        
        THE NATURE OF RISK / SUBJECT MATTER, THE INSURED HAVE INTENTION TO MAKE MOTOR INSURANCE BY AGREE MAKE PROPOSAL FORM
        
        ON 24 JAN HAVE PAY R,M150 PREMIUM OF PAYMENT USE THE WAY CASH BEFORE COVER DIRECT TO HEADQUARTER OF THE INSURER
      - INTENTION
        
        HAVE INTENTION TO COVER MOTOR POLICY IF ANY HAPPEENED AND MAKE BINDING AGREEMENT WITH 2 PARTIES
      - CONSIDERATION
        
        HAVE PAY PREMIUM RM150 N 24 JAN AT HEADQUARTER OF RIZQ TAKAFUL ALTHOUGH DID NOT PAY THROUGH AGENT MAYBE BECAUSE OF AGENT HAVE HOLIDAY ON THAT DAY SO DIRECT PAY TO THE INSURER
      - CAPACITY
        
        ADULT PERSON WHO ARE AGE OVER THAN 18 YEARS OLD AND THERE IS NO SPECIAL CASE BECAUSE HE IS A NORMAL PERSON
      - FORM BY LAW
        
        ON 28 JAN, HAVE OCCUR BINDING CONTRACT HAVE BEEN ACCEPTED THE PROPOSAL BY THE INSURER
    - - 26 JAN - ACCIDENT
      - 28 JAN - APPROVED PROPOSAL AND DIED AT THE SAME TIME
      - 24 JAN - PAY TO HEADQUARTER
      - 23 JAN - SENT PROPOSAL TO AGENT
    - - INSURER CLAIM THAT THERE IS NO CONTRACT BINDING OCCUR BETWEEN 2 PARTIES MEANWHILE THEY HAVE APPROVED THE PROPOSAL ON THE DATE ON DEATH OF INSURER, 28 JAN MEANS THERE OFFICIALLY HAVE EXIST CONTRACT BETWEEN THEM
        
        BENEFICIARIES RIGHT TO SUE INSURER BECAUSE FAILED TO FULFILL THEIR OBLIGATION SINCE THEY HAVE PROMISE TO PAY CLAIMS TO COVER THE LOSS AFTER THE PREMIUM HAVE BEEN MADE DUE TO EXIST CONSIDERATION EXCHANGE IN PREMIUM BY THE INSURER BEFORE DEATH BY USING WAY CASH BEFORE COVER