M05 Coursework assignment answer template
Coursework submission rules and important notes
Before you start your assignment, it is essential that you familiarise yourself with the
Coursework assessment guidelines and instructions available on RevisionMate.
This includes the following information:
• These questions must not be provided to, or discussed with, any other person regardless of
whether they are another candidate or not. If you are found to have breached this rule,
disciplinary action may be taken against you.
• Important rules relating to referencing all sources including the study text, regulations and
citing statute and case law.
• Penalties for contravention of the rules relating to plagiarism and collaboration.
• Coursework marking criteria applied by markers to submitted answers.
• Deadlines for submission of coursework answers.
• You must not include your name or CII PIN anywhere in your answer.
• The total marks available are 200. You need to obtain 120 marks to pass this assignment.
• Your answer must be submitted on the correct answer template in Arial font, size 11.
• Answers to a coursework assignment should be a maximum of 12,000 words. The word
count does not include diagrams however, it does include text contained within any tables
you choose to use. The word count does not include referencing or supplementary material
in appendices. Please be aware that at the point an assignment exceeds the word
count by more than 10% the examiner will stop marking.
Top tips for answering coursework assignments
• Read the Specimen coursework assignment and answer for this unit, available on
RevisionMate.
• Read the Learning Outcome(s) and related study text chapter for each question before
answering it.
• Ensure your answer reflects the context of the question. Your answer must be based on the
figures and/or information used in the question.
• Ensure you answer all questions.
• Address all the issues raised in each question.
• Do not group question parts together in your answer. If there are parts (a) and (b), answer
them separately.
• Where a question requires you to address several items, the marks available for each item
are equally weighted. For example, if 4 items are required and the question is worth 12
marks, each item is worth 3 marks.
• Ensure that the length and breadth of each answer matches the maximum marks available.
For example, a 30 mark question requires more breadth than a 10 or 20 mark question.
May 2020 1
,M05 Coursework assignment answer template
Additional M05 coursework tips
It is recommended that you take the following four-step approach when planning an answer to
an M05 question:
Step One: Identify which area(s) of the law the question is testing and link it back to the
correct Learning Outcome(s).
Step Two: Explain how the relevant area(s) of the law, in outline, may relate to the context
set out in the question. Identify relevant statute and case law. When quoting law, focus on
the ratio decidendi rather than the general facts of the case.
For further information see chapter 1 of the M05 Study text.
Step Three: Apply the relevant principles of the law, including statute and case law, to the
question.
Step Four: Include in your answer a conclusion which directly links back to the question and
relevant area(s) of the law.
The coursework questions link to the Learning Outcomes shown on the M05 syllabus as
follows:
Question Learning Outcome(s) Chapter(s) in the Study Text Maximum marks per
answer
1 Learning Outcome 2 Chapter 2 10 marks
2 Learning Outcome 3 Chapter 3 10 marks
3 Learning Outcome 4 Chapter 4 10 marks
4 Learning Outcome 5 Chapters 3 & 5 & 6 30 marks
5 Learning Outcome 6 Chapters 3 & 7 20 marks
6 Learning Outcome 7 Chapter 8 20 marks
7 Learning Outcome 8 Chapter 9 20 marks
8 Learning Outcome 9 Chapter 10 20 marks
9 Across more than one Across more than one chapter 30 marks
Learning Outcome
10 Across more than one Across more than one chapter 30 marks
Learning Outcome
To be completed before submission:
Word count: 7600 words
Start typing your answer here:
May 2020 2
, M05 Coursework assignment answer template
Question 1 – Learning Outcome 2 (10 marks)
(a).The word “tort” means wrong and the legal action the victim might bring against the
insurer is an action in tort, tortious liability arises from the breach of duty fixed by law such
duty are towards persons and it is breach is redeemable by an action in the court.
In the following scenario, Simon an employee of an insurance company gave an insured a
wrong information without being careful, negligence is the most important tort today.
Negligence can be described as a failure to take care of the circumstances where the law
demands that care should be taken. For an action in negligence to succeed, there are three
essentials:
a. The duty of care to the claimant
b. Breach of this duty by the defendant
c. Damages suffered by the claimant due to the act of the defendant
The principle of duty of care was established in the famous case of Donoghue v. Stevenson
(1932).
The first matter is to prove that Simon owns a duty of care to the claimant he is supposed to
give the exact information to all policyholders since he is FNOL Agent.
Secondly, the breach of duty Simon breached the duty of care because he was failed to
deliver the right information and told the insured that he will be indemnified without an
approval from the claim department.
Finally, the claimant must prove that he suffered a financial damage (he started repairing
and the claim was declined) to the court.
In English law, the standard by which the defendant behavior is judged is objective and
apply to everyone. The court established a new category of liability in tort for pure economic
loss in Heldey Byrne v. Heller and partners (1963) since there is a contractual relationship
with the insured and the insure relied on the talk with the FNOL who has a duty to give the
right advice to customers.
Hence, an employer who negligently provides untrue, inaccurate information may be liable
for damages under the tort of negligent misrepresentation.
(b). The Claimant must seek financial compensation(an award of damage). The central
purpose is to put the claimant in the same financial position he was before the loss occurred,
to claim for damages the claimant must have suffered a loss.
After establishing that Simon committed negligence, he is legally liable to the party injured,
who is provided with a remedy in law, such as monetary damages.
The claimant started fixing his property and later he discovered that the loss was not
covered, the main legal remedy for the claimant is to sue the insurance company for
financial compensation. The policyholder needs to prove to the courts the amount of damage
May 2020 3
Coursework submission rules and important notes
Before you start your assignment, it is essential that you familiarise yourself with the
Coursework assessment guidelines and instructions available on RevisionMate.
This includes the following information:
• These questions must not be provided to, or discussed with, any other person regardless of
whether they are another candidate or not. If you are found to have breached this rule,
disciplinary action may be taken against you.
• Important rules relating to referencing all sources including the study text, regulations and
citing statute and case law.
• Penalties for contravention of the rules relating to plagiarism and collaboration.
• Coursework marking criteria applied by markers to submitted answers.
• Deadlines for submission of coursework answers.
• You must not include your name or CII PIN anywhere in your answer.
• The total marks available are 200. You need to obtain 120 marks to pass this assignment.
• Your answer must be submitted on the correct answer template in Arial font, size 11.
• Answers to a coursework assignment should be a maximum of 12,000 words. The word
count does not include diagrams however, it does include text contained within any tables
you choose to use. The word count does not include referencing or supplementary material
in appendices. Please be aware that at the point an assignment exceeds the word
count by more than 10% the examiner will stop marking.
Top tips for answering coursework assignments
• Read the Specimen coursework assignment and answer for this unit, available on
RevisionMate.
• Read the Learning Outcome(s) and related study text chapter for each question before
answering it.
• Ensure your answer reflects the context of the question. Your answer must be based on the
figures and/or information used in the question.
• Ensure you answer all questions.
• Address all the issues raised in each question.
• Do not group question parts together in your answer. If there are parts (a) and (b), answer
them separately.
• Where a question requires you to address several items, the marks available for each item
are equally weighted. For example, if 4 items are required and the question is worth 12
marks, each item is worth 3 marks.
• Ensure that the length and breadth of each answer matches the maximum marks available.
For example, a 30 mark question requires more breadth than a 10 or 20 mark question.
May 2020 1
,M05 Coursework assignment answer template
Additional M05 coursework tips
It is recommended that you take the following four-step approach when planning an answer to
an M05 question:
Step One: Identify which area(s) of the law the question is testing and link it back to the
correct Learning Outcome(s).
Step Two: Explain how the relevant area(s) of the law, in outline, may relate to the context
set out in the question. Identify relevant statute and case law. When quoting law, focus on
the ratio decidendi rather than the general facts of the case.
For further information see chapter 1 of the M05 Study text.
Step Three: Apply the relevant principles of the law, including statute and case law, to the
question.
Step Four: Include in your answer a conclusion which directly links back to the question and
relevant area(s) of the law.
The coursework questions link to the Learning Outcomes shown on the M05 syllabus as
follows:
Question Learning Outcome(s) Chapter(s) in the Study Text Maximum marks per
answer
1 Learning Outcome 2 Chapter 2 10 marks
2 Learning Outcome 3 Chapter 3 10 marks
3 Learning Outcome 4 Chapter 4 10 marks
4 Learning Outcome 5 Chapters 3 & 5 & 6 30 marks
5 Learning Outcome 6 Chapters 3 & 7 20 marks
6 Learning Outcome 7 Chapter 8 20 marks
7 Learning Outcome 8 Chapter 9 20 marks
8 Learning Outcome 9 Chapter 10 20 marks
9 Across more than one Across more than one chapter 30 marks
Learning Outcome
10 Across more than one Across more than one chapter 30 marks
Learning Outcome
To be completed before submission:
Word count: 7600 words
Start typing your answer here:
May 2020 2
, M05 Coursework assignment answer template
Question 1 – Learning Outcome 2 (10 marks)
(a).The word “tort” means wrong and the legal action the victim might bring against the
insurer is an action in tort, tortious liability arises from the breach of duty fixed by law such
duty are towards persons and it is breach is redeemable by an action in the court.
In the following scenario, Simon an employee of an insurance company gave an insured a
wrong information without being careful, negligence is the most important tort today.
Negligence can be described as a failure to take care of the circumstances where the law
demands that care should be taken. For an action in negligence to succeed, there are three
essentials:
a. The duty of care to the claimant
b. Breach of this duty by the defendant
c. Damages suffered by the claimant due to the act of the defendant
The principle of duty of care was established in the famous case of Donoghue v. Stevenson
(1932).
The first matter is to prove that Simon owns a duty of care to the claimant he is supposed to
give the exact information to all policyholders since he is FNOL Agent.
Secondly, the breach of duty Simon breached the duty of care because he was failed to
deliver the right information and told the insured that he will be indemnified without an
approval from the claim department.
Finally, the claimant must prove that he suffered a financial damage (he started repairing
and the claim was declined) to the court.
In English law, the standard by which the defendant behavior is judged is objective and
apply to everyone. The court established a new category of liability in tort for pure economic
loss in Heldey Byrne v. Heller and partners (1963) since there is a contractual relationship
with the insured and the insure relied on the talk with the FNOL who has a duty to give the
right advice to customers.
Hence, an employer who negligently provides untrue, inaccurate information may be liable
for damages under the tort of negligent misrepresentation.
(b). The Claimant must seek financial compensation(an award of damage). The central
purpose is to put the claimant in the same financial position he was before the loss occurred,
to claim for damages the claimant must have suffered a loss.
After establishing that Simon committed negligence, he is legally liable to the party injured,
who is provided with a remedy in law, such as monetary damages.
The claimant started fixing his property and later he discovered that the loss was not
covered, the main legal remedy for the claimant is to sue the insurance company for
financial compensation. The policyholder needs to prove to the courts the amount of damage
May 2020 3
