Wednesday, April 21, 2010

Differences between legal capacity in an ordinary contract and insurance contract?

Insurance contracts in all countries are subject to the same basic law that governs all types of contracts but also to some legal principles that have been developed to handle the legal problems associated with insurance. Beyond the necessary contractual conditions, certain elements are peculiar to the insurance policy.
Generally an insurance policy is unilateral and only the insurer is obligated to act. It is also a conditional aleatory contract.
As a contract of "utmost good faith" (uberrimae fidei) a certain degree of honesty is presumed from both parties. This principle imposes a higher standard of honesty-on the two parties than is usually expected in an ordinary contract.
To avoid a contract a "warranty" (a statement contained in the contract and requires that a particular condition exists) must be false, or a "misrepresentation" (a statement made by the insured to the insurer on which the latter relies to price the contract) must be false and materially important. Concealment of these factors will be considered to be made with intent to deceive . The insured has an obligation to inform the insurer about facts that may be materially important.

3 comments:

  1. this is really nice to read..informative post is very good to read..thanks a lot! compare auto insurance quotes now

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  2. hei can you help i dont get the difference here... so the difference is that legal capacity in a contract we are talking about the essential elements which are capacity, consensus... and legally capacity in insurance we are talking about premium, proposal and policy sechedule

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