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contingent contract

English · Contract and commercial

Meaning. A contract to do or not to do something if an event collateral to the contract does or does not happen.

Section 31 of the Indian Contract Act defines it. Contracts of insurance, indemnity and guarantee are common examples. The event must be collateral, meaning it is not itself the performance promised, and uncertain.

Sections 32 to 36 give the rules. A contract dependent on an uncertain event happening cannot be enforced until it happens, and is void if it becomes impossible (s.32). One dependent on an event not happening becomes enforceable when the event becomes impossible (s.33). If the event is a person's future conduct, it is impossible once he acts so as to make it so (s.34). Time-bound contingencies are governed by s.35. A contract dependent on an impossible event is void (s.36). A wagering agreement, though contingent in form, is void under s.30.

Example

A's promise to pay B ₹50,000 if B's ship returns safely is a contingent contract; if the ship sinks, the contract becomes void under section 32.

In Indian law

  • Sections 31 to 36, Indian Contract Act, 1872

See also

contract · wagering agreement · indemnity · guarantee

Read more in the study notes

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