保險(xiǎn)學(xué)原理chapter3(完整版)
【正文】 The majority of people who have limited contractual capacity are: ? minors ? lack mental capacity Minors ? Generally, contracts entered into by a minor are voildable by the minor. ? The insurance pany have to return the premium the minor had paid on the policy. Lack mental capacity ? A person’ s lack of mental capacity may affect his contractual capacity in two situations. ? A court declares the person to be insane or mentally inpetent. ? The person’ s mental petent is impaired as a result of being drunk, drugged, or insane. Lack mental capacity ? A contract entered into by a person who has been declared insane or inpetent is usually void. ? Contract entered into by someone whose mental petence is impaired are generally voidable. Contractual Capacity of Organization ? A pany that is not licensed or authorized to do business as a insurance pany does not have the legal capacity to make a insurance contract. ? The legal effect of such a contract depends on the laws of the particular jurisdiction. Legally Adequate Consideration ? Consideration each party must give or promise something that will be of value to the other party. ? The parties to the contract must exchange consideration. ? In addtion, the consideration exchange must be legally adequate. Legally Adequate Consideration ? If the intial premium is not paid, then no contract has been formed because the applicant has not provided the required consideration. ? Renewal premiums,which are premiums payable after the initial premium,are a condition for continuance of the policy and are not conside
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