QUESTIONS AND ANSWERS SURE A+
✔✔5 elements of Fraud - ✔✔1. False Statement
2. The party who makes the statement must know its untrue
3.He must intend that the other party will believe falsehood
4. The other party must accept the statement as the truth
5. The other party must be damaged as a result
✔✔Unfair methods of competition and unfair or deceptive acts or practices in the
business of insurance - ✔✔1. Misrepresentation
2. False information & advertising
3. Defamation
4. Boycott, coercion, & intimidation
5. False financial statements/False entries
6. Stock operations
7. Rebates
8. Unfair claims
✔✔Obligee, Obligor, Surety - ✔✔Parties of a bail bond contract
✔✔Actions that make a bond unenforceable - ✔✔Fraud, misrepresentation,
concealment, false swearing, waiver
✔✔Representations - ✔✔statements made by contracting parties during the stages of
inducement to sign a contract. If 1 statement is untrue it is called misrepresentations
✔✔Concealment - ✔✔the intentional withholding of facts by one party to a contract,
which if they were known, would prevent the other party from signing the contract
✔✔Agreement - ✔✔a meeting of the minds
✔✔Consideration - ✔✔the integral part of a valid contract; "good and valuable"
Can be an act for an act, a promise for a promise, or an act for a promise
✔✔Legality of object - ✔✔the contract must be entered into for legal purposes
✔✔Executory Contract - ✔✔a contract that sets forth promises that are not yet
performed
✔✔Express Contract - ✔✔a contract created by the explicit language of the parties.
compared to implied contract
✔✔2 Types of Contempt of court - ✔✔Direct & Constructive
, ✔✔Direct Contempt - ✔✔one committed in the immediate view and presence of the
court and which it has personal knowledge ,or a contumacious failure to comply with a
subpoena, summons, or order to appear in court, proof of service of which appears of
record; a contumacious failure to comply with an order sequestering a witness
✔✔Obligee - ✔✔the party to whom some obligation is due. In bail contracts, The State
of Louisiana. As represented by the courts, is the obligee
✔✔Delegate - ✔✔to appoint, authorize or commission
✔✔Constructive contempt - ✔✔willful neglect or violation of a duty by a clerk, sheriff, or
other person elected. willful disobedience of any lawful judgment order, etc. Rem0val of
any person/property in the custody; unlawful detention of a witness
✔✔Runner - ✔✔a person employed by a bail bondsman insurer or general agent for the
purpose of assisting in presenting the defendant in court when required, to assist in the
apprehension and surrender of the defendant, or to keep defendant under necessary
surveillance. Has no power on his own and must work under supervision and cannot
write or post bonds
✔✔Conviction - ✔✔In criminal proceedings, the formal finding of the guilt of the
defendant by a judge or jury
✔✔Execute - ✔✔to complete and sign a document so that is becomes legally binding
on the parties
✔✔Discharge - ✔✔in reference to surety bonds, to fulfill the obligation of the bond. In
bail bonds, the bond is said to be discharged when the case is disposed of
✔✔General Agent - ✔✔an individual, partnership association, or corporation appointed
or employed by an insurer to supervise or manage the bail bond business written by the
limited surety agents licensed by the conpany
✔✔Power of Attorney - ✔✔A written instrument authorizing an agent to perform certain
acts on behalf of the principal
✔✔Limited Surety Agent - ✔✔an individual who is appointed by an insurer, with power
of attorney to execute or countersign bail bonds in connection with judicial proceeding
and who receives or is promised money or other things of value therefor
✔✔Insurer - ✔✔party who provides insurance and/or surety bonds. Defined in this
course to mean any surety company licensed to transact business in Louisiana; shall be
the same definition set forth in RS 22:46