most popular way of dealing with risk?
transfer
speculative risk (+ex)
possibility of both loss and gain (placing bet at blackjack table)
pure risk (+ex)
no chance of financial gain (house burning down)
speculative/pure risk - which will insurers not provide policy for?
speculative
five elements all contracts contain
agreement consideration legality of object legal capacity genuine intention
agreement (3)
consideration (3)
legality of object (2, 3 ex’s)
legal, not contrary to public policy (killing, illegal drugs, fraud, etc)
legal capacity of parties to contract (2)
legal capacity
competent
genuine intention
parties actually intended to enter into contract