Ø The
following are the essential features of a valid contract:
·
Offer and acceptance-one party makes an
offer accepted unconditionally by the other
·
Consideration-a contract must be
supported by a consideration in order to be valid. Premium is the insured’s
consideration.
·
Capacity to contract – individuals are
said to be competent to enter into a contract if the are:
§ Of
the age of majority (age 18 );
§ Of
sound mind; and
§ Not
disqualified, buy law, from entering into contracts
·
Any contracts entered into by people not
competent to contract will be null and void.
·
Consensus ad idem- in simple terms: both
parties to the contract must understand and agree upon the same thing, in the
same sense.
·
Legality of object or purpose- the
objective of both the parties to the contract should be to create a legal
relationship.
·
Capability of performance- the contract
must be capable of being performed by both the parties.