In Moss VChin,Chin's Insurer,ICBC,made an Offer to Settle a Claim That Was

question 77

Multiple Choice

In Moss v.Chin,Chin's insurer,ICBC,made an offer to settle a claim that was accepted by the public trustee representing Mrs.Moss.ICBC was not aware that Mrs.Moss had died in the interim.ICBC made a unilateral mistake and yet the Court ordered that the contract be rescinded.What was the rationale?

• A) ICBC lacked capacity to make an offer, as only Chin had such a right.
• B) The public trustee lacked capacity to accept an offer, as only Mrs. Moss could do, and she had died.
• C) It is illegal to settle a claim when the claimant is not longer alive.
• D) There was no consideration to support the claim, and therefore the contract was invalid.
• E) ICBC had not misled itself, rather the public trustee had deliberately set out to keep ICBC from discovering the truth.

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