Why is an insurance contract considered aleatory?

An insurance contract is considered aleatory because its outcome relies on uncertain events, meaning the insured party may or may not receive benefits depending on circumstances beyond their control. In an aleatory contract, one party (the insurer) is often obligated to provide benefits that are contingent upon the occurrence of a specified event, such as damage, theft, or liability.

This characteristic of reliance on chance contrasts sharply with features like fixed premium payments or guaranteed returns, which suggest predictability and certainty rather than the inherent unpredictability of potential losses or events that might trigger a claim. Additionally, while mutual consent is a necessary component of any contract, it does not inherently contribute to the aleatory nature of an insurance agreement. Thus, the defining element that labels the contract as aleatory is its dependence on events that are uncertain and unpredictable.