Aleatory contract legal definition of aleatory contract

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The aleatory contracts (that the former doctrine named gaming and betting (1)) are the contracts of onerous title, wherein the limits and even the existence of the obligation for one of the parties, or for both is not known at the moment of the contract conclusion because it depends upon an uncertain and future event, in this case the uncertainty being referred to the fulfillment or failure of the event (condition) or to the moment of fulfillment only (uncertain term). ALEATORY CONTRACTS. Civil Law. A mutual agreement, of which the effects, with respect both to the advantages and losses, whether to all the parties, or to some of them, depend on an uncertain event. These contracts are of two kinds; namely, 1. When one of the parties exposes himself to lose something which will be a profit to the other, in consideration of a sum of money which the latter pays for the risk. Such is the contract of insurance; the insurer takes all the risk of the sea, and the ... Schaum's Outline of Probability and Statistics 36 CHAPTER 2 Random Variables and Probability Distributions (b) The graph of F(x) is shown in Fig. 2-1. The following things about the above distribution function, which are true in general, should be noted. The aleatory contracts (that the former doctrine named gaming and betting (1)) are the contracts of onerous title, wherein the limits and even the existence of the obligation for one of the parties, or for both is not known at the moment of the contract conclusion because it depends upon an uncertain and future event, in this case the uncertainty being referred to the fulfillment or failure of the event (condition) or to the moment of fulfillment only (uncertain term). Insurance policies are aleatory contracts because an insured can pay premiums for many years without sustaining a covered loss. Conversely, insureds sometimes pay relatively small premiums for a short period and then receive coverage for a substantial loss. Unilateral. A contract in which only one party makes an enforceable promise. Most insurance policies are unilateral contracts in that only ... One reason to use the available form contracts is that the entire network of the waiver of subrogation provisions has already been thought through, drafted, is in place ready to use, and has been tested in the courts to a greater or lesser extent. The clause quoted above from AIA B141, the Standard Form of Agreement between Owner and Architect, has a sister provision in the AIA Owner and ... An aleatory contract is an agreement whereby the parties involved do not have to perform a particular action until a specific, triggering event occurs. Events are those that cannot be controlled by... An agreement concerned with an uncertain event that provides for unequal transfer of value between the parties. Insurance policies are aleatory contracts because an insured can pay premiums for many years without sustaining a covered loss. Aleatory Contracts. Aleatory contracts are based on a mutual agreement of the parties involved, and its effects are activated under the circumstances of uncertain events, while one or both parties accept the risk. If you need help with the different types of contracts, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site ... Since insurers don't usually have to pay policyholders until they file a claim, most insurance contracts are aleatory contracts. Because most insurance contracts are aleatory contracts, it is always possible that an insurer may never have to pay policyholders any money whatsoever. For example, if a person buys a health insurance policy and then never visits the doctor or gets injured during the policy period, the insurer may collect premiums and never pay the insured without violating the ...

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aleatory contracts def

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