Travel laws and insurance questions.

“An insurance may be defined as a contract by which one party (insurer), in consideration of price paid to him (premium), provides a cover for security, proportionate to certain future risk to another party (the insured), assuring the insured against such a prejudice upon the happening of such certain and specified events” (Anonymous). Study ten(10) underlined words. Elaborate their meanings; showing how the intersection of each other renders insurance contracts exceptional contractual relationships.

“Travel laws would have been solely domestic if there were no need for global interaction. But international Travel Laws (ITLs) become municipally inevitable because of global interdependence.” (Anonymous)

1. Argue for the above remark; showing five(5) reasoned stages through which ITLs inevitably become part of municipal laws
2. In response to ITLs reciprocity into municipal legal system, enumerate ten (10) Tanzanian travel laws to show the diversity of travel laws.

Kilaza is three weeks to attain majority age. He has grown into discovering a lot of night dealings-both legal and illegal so to speak! He decides to purchase as insurance cover against risks he may encounter during night hours. He approaches unregistered fool insurance Co. for an insurance cover. During his visit to the company, he explains his night excursions and asked if the company could cover the risks attached to his situation. The company`s speaks-person guarantees Kilaza in favour of the company`s ability to cover everything in the world on “Buyer Beware” premise basis. Kilaza signs a contract of insurance with fool insurance Co; although he didn`t understand all about buyer beware concept. One of the clauses in the insurance policy is that ; Kilaza purchases the insurance cover against risks attributable to his night illegal businesses and he will be eligible for insurance cover if he suffers serious harm. Kilaza therefore is obliged to deposit a premium of Tsh.20,000/= per month and according to Fool Insurance Co`s policy, that deposit is perceived to be 2% of Kilaza`s night illegal dealings gains.

A week after signing insurance contract , Kilaza was robbed when crossing Hatari Street during daytime. The robbers grabbed him only an empty wallet. Kilaza remembered that he would benefit from insurance cover if he sustained serious harm. He decided to give away his bag to a passer-by so as to increase the gravity of robbery. Later , he explains to his uncle Majanga about the incident and Majanga walks onto Fool Insurance Co. to claim on behalf of Kilaza . In the process of enforcing the claim by Majanga, Kilaza realizes that there were terms in the policy which he was not aware of, and if he realized he wouldn`t have signed it. He decides to pass the total insurance cover benefits to his uncle if at all will manage to enforce the claims.

1. You are a tourism manager trained in insurance contracts legal principles. With a reasoned opinion justify five causal faults that would render the insurance contract between the two parties in the scenario void ab initio.
2. Assuming that the insurance contract would still be carried out by the two parties according to their agreed terms and manner; you are trained  in insurance law and the parties have come to you for deliberation of their disputed obligations. Pronounce a reasoned judgement with ten(10) points regarding the fate of the parties on their contractual relationship.

Provide legal word(s); the meaning of which is expressed in the sentences below:

1. International law term to mean that norms of international law cannot be set aside, as opposed to matter of choice……..
2. Any financial interest/ benefits an insurance beneficiary has in the property or in person accruing from capacity to contract….
3. Dualist States` accountability of incorporating  international law into municipal law…….
4. Insurance cover on a vehicle that covers only the losses/damage sustained by a person other than the insurance beneficiary…
5. The coordinating Ministry that deals with Migration issues in Tanzania ……
6. The coordinating and regulatory body of all aviation issues in Tanzania….
7. Insurance cover on a vehicle that covers all types of risks…..
8. A person who looks forward to benefit under the insurance cover…..
9. A document of necessity on international travel, bearing the identity of beholder and signifying his nationality…...

Provide legal word(s); the meaning of which is expressed in the sentences below.

1. The term put forward by the Vienna Convention on the law of Treaties to appeal for compliance of international laws by States….
2. A process undertaken by the insurance companies to ensure  there is capacity to cover the risks contracted……..
3. The situation whereby only part of the loss is covered by the insurance company…..
4. The duty owed by a beneficiary under insurance cover to the covering company in respect of trustworthiness…….
5. The term that distinguishes an insurance contract from all other forms of contract…..
6. A contractual term to mean a price for a promise…..
7. A legal term to mean a person who cannot be allowed to enter the territory of Tanzania because of his incapacity to maintain himself whilst in the territory….
8. A contractual term to mean that the buyer assumes the risks if products fail to meet expectations or have defects……
9. Authentic authorizational to an individual by one state to enter and stay into its territory ……
10. States whom international laws and municipal laaws are one and same thing…...

Provide legal word(s); the meaning of which is expressed in the sentences below.

1. The principle imposed by the international convention on civil aviation to appeal for certainty among the States parties….
2. Refers to a set of rules and principles that govern the relationship between the citizens inter se…….
3. State`s procedural process of incorporating international law into municpla law……
4. Insurance cover on a vehicle , that covers only the losses/ damage sustained by third party…..
5. A person who provides an insurance cover to others …..
6. A process undertaken by insurance companies to ensure there is capacity to cover the risks contracted……
7. The process where the remainder of damaged property is replaced by the new one and the later is surrendered to the insurance company…..
8. The amount of money paid by insurance beneficiary to insurance company at the agreed interval of time…..
9. A tangible item that would ensure uninterrupted visit of a tourist in a foreign country….
10. A person who is unlikely to visit Tanzania from a foreign country if the Director of Immigration Services opines that such a person is incapable of supporting himself or his dependents…...

Provide legal word(s); the meaning of which is expressed in the sentences below.

1. The duty owed by a beneficiary under insurance cover to the covering company in respect of honesty…..
2. A body that regulates insurance businesses in Tanzania under the Insurance Act, 2009……...

Read a scenario below  and then answer the questions raised.

Imagine you are an insurer incorporated under Tanzanian laws. You have registered to ensure all probable risks of the world. Najaribu is a business person who frequently travels within Tanzania. He approaches you for a cover from Dar es Salaam to Morogoro by public bus for five (5) hours via Morogoro road and on a specific date. He seeks to cover all risks himself and his lagguage may encounter. You agree and conclude insurance contract. After sometimes, he submits a claim of loss occasioned in an accident on his travelling day. You are acquainted with legal basics which guide your business. What proof would you demand from Najaribu for his successful claim ? And why?

A right to movement – from one place to another , one country to another , exits from country of origin and come back to it is universal. THe inference towards this right in the other hands is that, tourism ie equally promoted. As an expert in tourism cum travel laws; discuss with reasons, whether this right should be absolute.

Mende has travelled to a foreign country. He plans to stay in a foreign country for three days. He therefore purchases a go-return fixed date flight ticket. Upon arrival in the destination country, he is arrested and confined. When he is interrogated, he confesses to have no extra money, only that he was sure of going back home because of a return ticket at hand. He is informed of remaining confined for three days and is promised to be aligned in court on the fourth day. He is further informed that, the court is expected to order his return back home country at his own cost. While in custody, he remembered to have violated some international travel regulations. He further realised to have ignored insurance interventions which would have mitigated the situation he is facing.

In your opinion, what are important concerns that Mende has ignored? In the opinion you raise, demonstrate how Mende would have been safe if he played his role before visiting a foreign country.