IFSE Institute Life License Qualification Program (LLQP) LLQP Question # 41 Topic 5 Discussion
LLQP Exam Topic 5 Question 41 Discussion:
Question #: 41
Topic #: 5
A group of high school students visits Jacques, a financial security advisor, as part of Career Day. A student wants to know what an insurance contract is. What will Jacques answer?
A.
It is a contract of the utmost good faith, in general concluded by mutual agreement, onerous, and aleatory
B.
It is a contract in which an inaccurate statement by the client is inconsequential; it is in general a contract of adhesion, synallagmatic, and consensual
C.
It is a contract of the utmost good faith, in general a contract of adhesion, synallagmatic, and aleatory
D.
It is a contract in which an inaccurate statement by the client is inconsequential; it is a synallagmatic, consensual, and gratuitous contract
Comprehensive and Detailed In-Depth Explanation: An insurance contract under Quebec’s Civil Code (Articles 2389–2414) has distinct characteristics. It is a “contract of the utmost good faith”(uberrimae fidei), requiring full disclosure from both parties, especially the insured, about material facts (Article 2408). It is typically a “contract of adhesion,” as insurers offer standard terms with little negotiation (Article 1379), unlike mutual agreement contracts. It is “synallagmatic,” imposing reciprocal obligations—premium payment by the policyholder and coverage by the insurer (Article 1381). It is also “aleatory,” as the outcome depends on an uncertain event, like death or loss (Article 2390). Option C accurately reflects these traits. Option A’s “mutual agreement” suggests negotiation, which is rare in insurance. Option B and D incorrectly state that inaccurate statements are inconsequential—misrepresentations can void a policy (Article 2410)—and B’s “consensual” and D’s “gratuitous” misalign with insurance’s onerous nature (payment for coverage). The Ethics and Professional Practice manual emphasizes advisors’ duty to explain these legal characteristics clearly.
[References: Civil Code of Quebec, Articles 2389–2414; Ethics and Professional Practice (Civil Law) Manual, Section on Insurance Contracts., ===========, ]
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