Aleatory contract

Aleatory contract

An aleatory contract is a contract in which the performance of one or both parties is contingent upon the occurrence of a particular event. The most common type of aleatory contract are insurance policies. [ [http://law.jrank.org/pages/4227/Aleatory-Contract.html Thomson-Gale Encyclopedia of American Law, courtesy of Jrank] ] [Black's Law Dictionary, 7th ed. 1999] Such insurance contracts may be a boon to one party but create a major loss for the other, as more in benefits may be paid out than actual premiums received, or vice versa. [ [http://www.answers.com/topic/aleatory-contract-3?cat=biz-fin Barron's Dictionary of Insurance Terms, courtesy of Answers.com] ]

Gambling contracts and many modern forms of derivatives and options may in some cases also be considered aleatory contracts. For example, the French civil code contains a chapter on aleatory contracts, with specific provisions for gaming (gambling) and life annuities. [ [http://www.legifrance.gouv.fr/html/codes_traduits/code_civil_textA.htm Text of French Civil Code (in English)] ]

References


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  • aleatory contract — see contract Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. aleatory contract …   Law dictionary

  • aleatory contract — ➔ contract1 * * * aleatory contract UK US noun [C] ► INSURANCE, FINANCE, LAW an agreement that is connected with an event that is not under someone s control , that may or may not happen, and of which the result is uncertain. Most insurance… …   Financial and business terms

  • Aleatory Contract — A contract type in which the parties involved do not have to perform a particular action until a specific event occurs. Events are those which cannot be controlled by either party, such as natural disasters and death. Aleatory contracts are… …   Investment dictionary

  • aleatory contract — /eyliyatoriy kontraekt/ 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. Restatement of Contracts, No. 291. Contracts in which… …   Black's law dictionary

  • aleatory contract — /eyliyatoriy kontraekt/ 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. Restatement of Contracts, No. 291. Contracts in which… …   Black's law dictionary

  • aleatory contract — A contract, the performance of which depends on an uncertain event, such as a fire insurance contract. Losecco v Gregory, 108 La 648, 651, 32 So 985. Although an agreement must be certain if it is to be enforceable as a contract, an agreement can …   Ballentine's law dictionary

  • aleatory contract — /æliˌeɪtəri ˈkɒntrækt/ (say alee.aytuhree kontrakt) noun a contract or agreement of which the effects with respect both to the advantages and the losses depend on uncertain events; a wagering contract …  

  • aleatory contract — noun a contract whose performance by one party depends on the occurrence of an uncertain contingent event (but if it is contingent on the outcome of a wager it is not enforceable) • Hypernyms: ↑contract …   Useful english dictionary

  • contract — con·tract 1 / kän ˌtrakt/ n [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com with, together + trahere to draw] 1: an agreement between two or more parties that creates in each party a duty to… …   Law dictionary

  • aleatory — ale·a·to·ry / ā lē ə ˌtōr ē/ adj [Latin aleatorius of a gambler, from aleator gambler, dice player, from alea, a dice game]: depending on an uncertain event or contingency as to both profit and loss the aleatory nature of a lawyer s contingency… …   Law dictionary

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