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Question: 1 / 470

Which of the following statements correctly describes an aleatory contract?

It has a fixed exchange of value between parties

It is a contract where the outcome is determined by chance

An aleatory contract is characterized by its dependence on an uncertain event, where the performance of one party is contingent upon the occurrence of that event, making the outcome largely determined by chance. In the context of insurance contracts, for example, the policyholder pays a premium, while the insurer's obligation to pay a claim only arises if a specific event occurs, such as an accident or illness. This inherent uncertainty and the unequal exchange of values—where one party might gain significantly more than the other depending on the circumstances—define the essence of an aleatory contract.

The other statements do not accurately represent the nature of aleatory contracts. For instance, a fixed exchange of value between parties is characteristic of traditional contracts but does not apply here. Similarly, aleatory contracts do involve legal obligations; the insurer is legally bound to pay claims if the stipulated event occurs, which highlights that the contract is enforceable. Finally, while many contracts can be modified, aleatory contracts are not inherently unmodifiable; they can still be altered under mutual agreement, thus this statement does not hold true. Understanding these distinctions helps clarify the unique nature of aleatory contracts in the realm of insurance.

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