Module 1, Lesson 3 Flashcards

1
Q

Contract

A

A legally enforceable agreement between two or more parties.

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2
Q

Lapse

A

The termination of an insurance policy for nonpayment of premium.

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3
Q

Unilateral Contract

A

A contract in which only one of the parties makes a legally enforceable promise when entering into the contract.

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4
Q

Bilateral Contract

A

A contract in which both parties make legally enforceable promises when they enter into the contract.

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5
Q

Commutative Contract

A

A contract under which the parties specify in advance the values that they will exchange; moreover, the parties generally exchange items or services that they think are of relatively equal value.

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6
Q

Aleatory Contract

A

A contract under which one party provides something of value to another party in exchange for a conditional promise.

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7
Q

Conditional Promise

A

A promise to perform a stated act if a specified, uncertain event occurs; if the event does not occur, the promise will not be performed.

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8
Q

Bargaining Contract

A

A contract in which both parties, as equals, set the terms and conditions of the contract.

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9
Q

Contract of Adhesion

A

A contract that one party prepares and that the other party must accept or reject as a whole, generally without any bargaining between the parties to the agreement.

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10
Q

Informal Contract

A

A contract that is enforceable because the parties to the contract met requirements concerning the substance of the agreement rather than requirements concerning the form of the agreement.

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11
Q

Formal Contract

A

A contract that is enforceable because the parties met certain formalities concerning the form of the agreement.

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12
Q

Valid Contract

A

A contract that is enforceable at law because it satisfies all legal requirements.

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13
Q

Void

A

Something that was never valid. A void contract is one that was never enforceable at law.

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14
Q

Voidable Contract

A

A contract in which a party has the right to avoid obligations under the contract without incurring legal liability.

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15
Q

Mutual Assent

A

A meeting of the minds about the terms of an agreement.

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16
Q

Consideration

A

A requirement for the formation of a valid contract that is met when each party gives or promises something that is of value to the other party.

17
Q

Lawful Purpose

A

No contract can be made for a purpose that is illegal or against the public interest.

18
Q

Contractual Capacity

A

The legal capacity to make a contract.

19
Q

Initial Premium

A

The first premium paid for an insurance policy.

20
Q

Applicant’s Consideration

A

If the applicant had not paid the initial premium, she would not have provided consideration and no contract would exist.

21
Q

Renewable Premiums

A

Renewal premiums payable to keep the policy in force are not consideration for the formation of the contract but a condition necessary for the continuation of the contract.

22
Q

Legally Adequate Consideration

A

The rules of contract law don’t require the parties to exchange equal consideration. Whatever is of value to the parties generally is considered to be legally adequate consideration.

23
Q

Insurable interest

A

The interest that an insurance policyowner has in the risk that is insured. A policyowner has an insurable interest if she is likely to suffer a genuine loss or detriment should the event insured against occur.