This paper deals with clauses agreed upon, inserted in the insurance contract including some risks from the scope of insured risks. The paper deals with Validity of such clauses and the protection of insured person considered as weaker party in the contract of insurance.The paper highlights the position of Jordanian courts, it pays particular intention to comparative doctrines and legislation.
One of the main elements of a contract is consent, therefore it demanded special attention in the theory of contract and was given the adequate conditions by the legislator to make sure that the consent of any party to a contract is sound and well established.Nonetheless, the development of modern means of communication, especially cyber-space contracting (contracting using the internet) and the accelerating speed of production, distribution, and means of publicity that accompanied this phenomenon, the problem of protecting the consumer's consent from reckless cyber-space contracting emerged.This study aims at finding the most important means of protecting the contractor's consent, provided in the contemporary consumer protection laws, especially in the process of establishing the contract, and comparing such means with the means provided by Islamic Jurisprudence in this respect, in the hope that our legislator makes good use of this study in the 2007 Jordanian Draft Law on consumer protection, which is proposed by the Ministry of Trade and Industry.