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B. Four Elements of a Contract

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Educational Objective
  • I.B.2. Be able to identify the four major elements of a contract

A contract is defined as "an agreement between two or more parties enforceable by law." In order for a contract to be legally binding or enforceable by law, it must have certain essential elements. The following are 4 essential elements of all legal contracts:

  • Agreement: offer and acceptance;
  • Competent parties;
  • Legal purpose; and
  • Consideration.

1. Agreement

There must be a definite offer by one party, and the other party must accept this offer in its exact terms. In insurance, the applicant usually makes the offer when submitting the application. Acceptance takes place when an insurer's underwriter approves the application and issues a policy.

2. Consideration

The binding force in any contract is the consideration. Consideration is something of value that each party gives to the other. The consideration on the part of the insured is the payment of premium and the representations made in the application. The consideration on the part of the insurer is the promise to pay in the event of loss.

Know This

Insurer's consideration is the promise to pay for losses; insured's consideration is the payment of premium and statements on the application.

3. Competent Parties

The parties to a contract must be capable of entering into a contract in the eyes of the law. Generally, this requires that both parties be of legal age, mentally competent to understand the contract, and not under the influence of drugs or alcohol.

4. Legal Purpose

The purpose of the contract must be legal and not against public policy. To ensure legal purpose of a Life Insurance policy, for example, it must have both: insurable interest and consent. A contract without a legal purpose is considered void, and cannot be enforced by any party.