In Moss V Chin, Chin's Insurer, ICBC, Made an Offer to Settle

question 48

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 ICBC made a unilateral mistake and yet the Court ordered that the contract be rescinded.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 so, and she had died.
• C) It is illegal to settle a claim when the claimant is no 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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Definitions:

Thoracic Duct

Largest lymph vessel in the body, beginning at the cisterna chyli and emptying into the left subclavian vein; drains the left side of the head and neck, the left-upper thorax, the left-upper limb, and the inferior half of the body.

Circulatory System

The body's system responsible for the transport of blood, nutrients, oxygen, carbon dioxide, and hormones throughout the body.

Lipids

A group of naturally occurring molecules that include fats, waxes, sterols, and fat-soluble vitamins, among others, used by the body for energy and making up cell membranes.

Low-Density Lipoprotein

Low-density lipoprotein (LDL) is a type of cholesterol often referred to as "bad" cholesterol, which can accumulate in the walls of arteries and contribute to heart disease.