I.B · Contract Law
Four elements of a valid contract
A contract is enforceable only when four elements are present. Mnemonic: OCCL.
Offer and acceptance: in life insurance, the applicant usually makes the offer by submitting a signed application with the initial premium; the insurer accepts by issuing the policy as applied for. If the insurer changes the terms, that is a counteroffer the applicant can accept or reject.
Consideration: the value each side gives. The applicant gives the premium and the statements in the application; the insurer gives its promise to pay. Consideration does not have to be equal.
Competent parties: of legal age and sound mind. Someone who is intoxicated or mentally incapacitated cannot form a valid contract. California exception: a minor under 18 is not treated as incompetent to contract for life insurance just because of age; if under 16, a parent or guardian must give written consent (Ins. Code §10112).
Legal purpose: the contract cannot be for an illegal purpose.
Remember
· Offer and acceptance, consideration, competent parties, legal purpose.
· Consideration need not be equal: premium + application statements vs. the insurer's promise.
· CA §10112: minors may contract for life insurance; under 16 needs a parent's or guardian's written consent.
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