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April 27th, 2021

4/27/2021

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The Elements of A Valid Contract

The parties to the contract must be legally competent. Competence refers to age of majority and soundness of mind. Individuals whose judgment may be impaired are not legally competent. The age of majority varies among the states.
There must be mutual agreement among the parties. Mutual agreement, sometimes called "mutual assent," means that there must be agreement to the provisions of the contract by the parties involved. There must be a mutual willingness to enter into the contract. Offer and acceptance is the vehicle through which agreement is effected. That is, one party makes an offer which the other party accepts.
With respect to health insurance policies, the applicant makes the offer to become an insured by completing the application and submitting a check for the first premium. The insurance company then accepts the offer by issuing the policy as applied for. At that point, all the elements of a contract are in place. However, offers must be accepted unconditionally. This means that the offering party is not obligated by any new conditions the other party might make in response to an offer. For example, if a policy is not issued as applied for, the insurance company has not made a "conditional acceptance," but rather, a counteroffer. Under these circumstances, it is up to the applicant to accept or reject the insurance company's counteroffer.
There must be some lawful objective. A legally enforceable contract must be for some lawful objective. It cannot propose an objective which is illegal or which is against public policy. For example, a contract specifying payment for the sale of cocaine cannot be legally enforced.
There must be some consideration. A legally enforceable contract must be supported by "consideration." Generally, money is regarded as meeting this requirement, but anything of value may be considered. In a health insurance contract, the policy owner's consideration is the premium, and the insurance company's promise to pay benefits as described in the policy is referred to as the "performance." Consideration is a legal requirement of all contracts. Without consideration, no contract exists.
The contract must be in writing and signed, when required by law. Insurance policies are always written agreements.

Aleatory Contract
An aleatory contract is one where all parties agree that the values given up by each party will not be equal. Insurance is an aleatory contract because insurance company may have to pay out much more than has been collected in premiums.

Conditional Contract
A conditional contract takes place when something that is dependent upon or granted is subject to a condition. The obligation of an insurer to meet its responsibilities is dependent upon the policy owner's meeting his or her responsibilities, for example, paying the premiums and furnishing proof of claims.

Contract of Adhesion
A contract of adhesion is one which is drafted by one party and accepted or rejected by the other with no opportunity to bargain over its terms. An insurance policy contract is an example of a contract of adhesion. The insurer draws up and issues the contract. It is not, in the ordinary sense, a negotiated document.

Personal Contract
A personal contract is one in which a person, not a thing, is being insured. Health insurance is an example of a personal contract.

Waiver
A waiver is the relinquishing of a known right or privilege.

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April 01st, 2021

4/1/2021

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I am Curtis Christopher Wragg and this is nor the beginning nor the end of my story. “کریستوفر”

I am the founder of Sincere Headway and as a commensurate business man, I bring the bread home, from work that I do on my social security number, contractually or you name it. Bottom line is its work, one way the gov't borrows money and you attempt to figure out how to get that money back verses the alternative, which is to work free from loaning monies to the government and you figure out a way to keep the money free from taxation, no surprises here this is the basics aye?

The short of it, or reason I began jotting notes today, I agreed to contract in the future with a company that handled business today, per my merit or caliber and experience exposed in conversation, verses the company that is apparently focused on me contracting as staff in the months that come, concerned about the guards at the gates of a selectively preamble membrane of baggage, tentatively out of my control in regards to the red tape per se and|or bureaucracy, potentially awaiting papers to be pushed. To me this morning it just made sense, when you find what you want, sometimes you simply try and get as close to it as possible, maybe still at a distance, yet at least close enough in theory to respect the range of your predatory skills and attributes. In a world where we have enough problems, i.e. government reflecting our tallest microcosm, it was said prior to our current administration in office, "this might be the last structured team to take office, as we've witnessed the pervasive tide rolling in a state of nature."

Being me to my point, are we working through this together, or do I (we) need to be perfect?

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April 27th, 2021

April 01st, 2021

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