Insurance Contract
Elements of Valid Contract
- Involves a contractual agreement in which the insurer agrees to provide financial protection against certain specified risks for a price or consideration known as the premium
- The contractual agreement takes the form of an insurance policy
- Insurance is a value contract and economic value of asset
- Offer and acceptance: One party make an offer which the other party accepts unconditionally
- Consideration : Means premium from insured & the promise to indemnify is the consideration from insurer
- Agreement between parties(Consensus ad item): Both the parties should agree on the same thing in the same sense
- Free consent : There should be free consent while entering into a contract
- Capacity of the Parties : Both the parties to the contract must be legally competent to enter into the contract(Major, Soundminded, not disqualified under law)
- Legality: The object of the contract must be legal
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