A valid contract requires several basic elements, including competent parties, legal purpose, consideration, and an agreement consisting of offer and acceptance. If one of the contracting parties lacks the legal capacity required to contract, the agreement may be void or voidable depending on the particular incapacity and applicable law.
Competency generally means that the parties are legally capable of understanding and entering the agreement. Issues such as minority, severe mental incapacity, or other legally recognized disabilities can affect contractual capacity. Insurance companies themselves must also possess legal authority to enter insurance contracts.
Consideration does not have to consist exclusively of money. In an insurance transaction, the applicant ' s consideration includes the premium and representations made in the application, while the insurer ' s consideration is its promise to provide benefits according to the policy.
Nor must every valid contract universally be in writing, although insurance contracts are normally documented in writing because of statutory, regulatory, and evidentiary requirements. Attorney approval is not an essential element of ordinary contract validity.
Therefore, the missing essential contractual element in the answer choices is competency of the parties, making D correct.
Study Guide Reference: General Insurance Concepts — elements of a valid contract; competent parties; consideration; offer and acceptance; legal purpose.
