保险学原理chapter3

Bargaining Contracts and Contract of Adhesion

creates by both contracting parties who, as equals, set the terms and conditions of the contract. Contract of adhesion a contract that one contracting party prepares and that the other contracting party must accept or reject as a whole, without any bargaining between the parties.
Applies to an Insurance Contract
√ √ √Leabharlann √General Requirement for a Contract

enforceable at law. Void contract a contract that was never enforceable at law. Voidable contract a contract in which a party has the right to avoid her obligations under the contract without incurring legal liability.
Fundamentals of Contract Law

agreement between two or more parties. The two parties to an individual life an health insurance contract are insurance companies that issued the policy and the individual who purchased the policy.

Contractual capacity of individuals

The majority of people who have limited contractual capacity are:
minors lack mental capacity
Minors
Generally, contracts entered into by a minor are voildable by the minor. The insurance company have to return the premium the minor had paid on the policy.
Formal and informal Contracts

Can a person enter into a valid life insurance contract on the Internet?
Bilateral and Unilateral Contracts

two parties who both make legally enforceable promises when they enter into the contract. Unilateral contract a contract between two parties only one of them makes legally enforceable promises when entering into the contract.

Type of Contract
Formal Contract Informal Contract Bilateral Contract Unilateral Contract Commutative Contract Aleatory Contract Bargaining contract Contract of Adlhesion

Commutative and Aleatory Contracts

Commutative contract an agreement

under which the parties specify in advance the values that will be exchange , moreover, the parties generally exchange items or services that they are of relatively equal value. Aleatory contract an agreement under which one party provides something of value to another party in exchange for a conditional promise.
Mutual Assent

Mutual assent is met when the parties reach a meeting of minds about the terms of their agreement.
Contractual Capacity
Contractual capacity each party must have the legal capacity to make a contract. Contractual capacity of individuals Contractual capacity of organizations

Formal and informal Contracts

A formal contract is one that is enforceable
because the parties to the contract met certain formalities concerning the form of the agreement. An informal contract is a contract that is enforceable because the parties to the contract met requirements concerning the substance of the agreement rather than requirement concerning the form of the agreement

Lack mental capacity
A person’s lack of mental capacity may affect his contractual capacity in two situations. A court declares the person to be insane or mentally incompetent. The person’s mental competent is impaired as a result of being drunk, drugged, or insane.

Formal and informal Contracts


第十三条 投保人提出保险要求，经保险人同 意承保，并就合同的条款达成协议，保险合同 成立。保险人应当及时向投保人签发保险单或 者其他保险凭证，并在保险单或者其他保险凭 证中载明当事人双方约定的合同内容。 经投保人和保险人协商同意，也可以采取 前款规定以外的其他书面协议形式订立保险合 同。

Formal and informal Contracts
In theory, life and health insurance contracts, as informal contracts,could be made in either written or oral form. But in some countries, insurance contracts are required to express in written form.
A contract is a legally enforceable
Type of Contract
Formal contracts and informal contracts Bilateral contracts and unilateral contracts Commutative contracts and aleatory contracts Bargaining contracts and contracts of adhesion
Bilateral contract a contract between
Bilateral and Unilateral Contracts
Life and health insurance policies are unilateral contracts. The insurance promise to provide coverage in return for a stated premium. The purchase of the policy does not promise to pay the premiums and cannot be compelled by law to pay the premiums.
Valid contract a contract that is
Four requirement of a valid informal contract



The parties to the contract must be manifest their mutual assent to the term of the contracts. The parties to the contract must have contractual capacity. The parties to the contract must exchange legally adequate consideration. The contract must be for a lawful purpose.