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Published byShonda Lane Modified over 9 years ago
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Contingent contracts
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What is contingent contract? Acc.to section31- ‘a contingent contract is a contract to do or not to do something, if some event collateral to such contract,does or does not happen.’ Collateral event-acc. To pollack & mulla, “a collateral event means an event which is neither a performance directly promised as part of the contract nor the whole of the consideration for a promise.”
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Features of a contingent contract The promise is based on an uncertain event. The event must be collateral. The event must not depend on the promisor’s will.
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Rules for contingent contracts Contracts enforceable on the happening of a future uncertain event.-sec.32. Contracts enforceable on non-happening of a particular event.-sec.33. Impossibility of a future conduct of a person.sec.34. Contracts enforceable on happening of a future uncertain event within a specified period.sec.35.
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Contd. Contracts enforceable on non- happening of future uncertain event within a specified period. Sec35(2). Agreements contingent on happening of an impossible event. Sec.36.
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Difference b/w wagering &contingent contracts Performance Win or lose Legality Promise Nature Interest Future event
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