14 Apr

A betting contract is a blind contract and there is no reference to accurately assess the risk. On the other hand, all insurance contracts are based on a scientific and actuarial calculation of risks and the premium is calculated taking into account all the circumstances of the risk. Insurance contracts have the general agreement of the company and are encouraged, as they benefit the Community as a whole, while betting contracts are not approved by the company. In a betting contract, the parties create risk and want to earn money with the event or not, while in insurance, the risk already exists and the purpose of the contract is simply to transfer the risk. While there is uncertainty and payment is made on what is happening, in both cases it is really the case. Here are the differences between these two contracts. Although insurance contracts may violate a particular law if they are not properly authorised, they are enforceable in Maltese courts if they fulfil all the characteristics of the insurance. On the other hand, betting agreements are considered invalid in Malta, with the exception of a small number of circumstances, and the terms of the agreement are not applicable in court. Therefore, we can see that the principle of pacta sunt servanda, although applicable to insurance contracts, does not apply to betting contracts, 3. In an insurance contract, both parties are interested in protecting the object, i.e. there is a mutual interest.

An insurance contract is a contract like any other, but with specific principles. Often it is wrongly equated with a betting contract. At first glance, the ideas still seem similar, they are different. The purpose of this essay is to distinguish an insurance contract from a bet. The essay will first define the keywords in the question. He will discuss the difference between an insurance contract and a betting contract. A conclusion will then be reached. Insurance is considered contractual coverage in which one party agrees to release another party for losses resulting from a certain eventuality. 1 An insurance contract has been defined in Callaghan/Dominion Insurance, 2, as a contract in which a named insurer makes, for a fee, a decision called a “premium” to pay a sum of money or to provide services to another person who is called insured or affiliated in the event of a given event whose facts are uncertain. An insured person is simply set up, a person whose interests are protected by insurance. On the other hand, an insurer is a person or company that guarantees risk coverage or the party that accepts compensation.

3 A betting contract in Carlil v Carbolic Smoke Ball, 4 has been defined as in which the promiseor considers that after the uncertain incident, he or she will perform a benefit for which there is no consideration, for almost all types of insurance contract, claims present risks of varying degrees. Fire insurance may include rupees. B or not even a single Paisa.