An aleatory contract is a contract where an uncertain event outside of the parties' control determines their rights and obligations.[1][2] For example, gambling, wagering, or betting, typically use aleatory contracts. Additionally, another very common type of aleatory contract is an insurance policy.[1]
The term was a classification that was developed in later medieval Roman law to cover all contracts whose fulfilment depended on chance, including gambling, insurance, speculative investment and life annuities.[3] The French civil code contains a chapter on aleatory contracts, with specific provisions for gaming (gambling) and life annuities. Many modern forms of derivatives and options may in some cases also be considered aleatory contracts.[citation needed]
References
- ^ a b Garner, Bryan A., ed. (2009). Black's law dictionary (9th ed.). St. Paul, MN: West. p. 366. ISBN 978-0314199492.
- ^ "Aleatory". Merriam-Webster.com. Merriam-Webster. Retrieved 11 May 2018.
- ^ J. Franklin, The Science of Conjecture: Evidence and Probability Before Pascal (Baltimore: Johns Hopkins University Press, 2001), ch. 11.