Means in perfect agreement’, i.e. of the same mind. Contracts are founded upon agreement although the parties will be judged by what they appeared to mean and not what they may have intended to mean.
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Both parties to a contract should agree to the same thing in the same sense. the consent must arise out of common intention. There will be no consensus if either of the parties or both of them are under an erroneous impression as to some circumstances affecting the contract.
Tag: UK
Consequential loss (satellites)
See: SATELLITE CONSEQUENTIAL LOSS INSURANCE.
Consequential loss insurance
The former term for business interruption insurance.
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Insurance against pecuniary loss, other than material damage, resulting from an insured peril.
Consignee
The party (usually the buyer) named in a bill of lading or waybill, who is entitled to receive cargo that is shipped by the consignor and delivered by the carrier. Under CFR terms the consignee arranges the transit insurance, but under CIF he pays the premium in the price of the goods.
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(a) Person or firm to whom goods are shipped under a bill of lading. (b) The individual or company to whom a seller or shipper sends merchandise and who, upon presentation of necessary documents is recognized as merchandise owner for the purpose of declaring an paying customs duties.
Consolidation clause
Clause in an open cargo policy providing cover at an agreed premium on goods while in transit to, or while at, a common consolidation point for the purpose of preparing or consolidating the goods for export.
Consortium underwriting
Underwriters/insurance companies working as a group to offer chosen target markets particular forms of business on a group basis, e.g. travel insurance sold through travel agents. Each consortium member taking a preset share of the business accepted by one leading, member named underwriter, on behalf of the consortium. Lloyd’s issued consortium underwriting guidance notes in Regulatory Bulletin 43/99.
Constant extra risk
Life underwriter’s term describing an impaired life where the additional risk will remain unchanged, i.e. proposer’s medical condition will neither worsen nor improve. See INCREASING EXTRA RISK; REDUCING EXTRA RISK.
Constat Amiable
See: European Accident Statement.
Construction (Design and Management) Regulations 1994
CDM Regulations are aimed at improving the overall management and coordination of health and safety throughout all stages of a construction product. They place duties on the client, the designer, the principal contractor and the planner supervisor (a creation of CDM). They also introduce new documents – health and safety plans and the health and safety file. The planning supervisor must notify HSE of projects that will last more than 30 days or more than 500 person days of work.
Construction of buildings
The types of material used in the building and roofing of a structure. Construction types, e.g. brick or timber built, affect the risk as do the number of fire divisions in the building. Other construction factors affecting the risk include age and condition of electrical circuits, number of storeys, the building’s age and the type of heating system. Underwriters grade risks according to construction features.