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Presented By-
Kavish Raj
Kiniya Tomor
Manish Mishra
Manoj Lohiya
]ntroduction

The performance of an absolute contract


becomes due immediately after making the
contract. But sometimes , the performance of a
contract is not immediately due , and it become
so only after the happening or non-happening of
some contingency . Such contract are known as
contingent contract.
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Jefinition of a Contingent
Contract
Ń The contingent contract , may be defined as a
conditional contract.
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Section 31 Of ]ndian Contract Act
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Êssentials Êlements For A Valid
Contingent Contract

Ń There must be a valid contract.


Ń The performance of the contract must be
conditional.
Ń The event must be uncertain.
Ń The event must be collateral to the contract.
Legal Rules For A Valid Contingent
Contract
Ń The event may be an act of the party.
Ń The event should not be the discretion of the
promisor.
Rules Regarding Ênforcement Of
Contingent Contract
Ń Contingent contract dependent on the
a  of future uncertain event.#% 
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Ń Contingent contract dependent on the a
  of future uncertain event.#% 
&&$
Ń Contingent contract dependent on the
a  of specified uncertain event a 
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Ń Contingent contract dependent on the a
  of specified uncertain event a 
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Ń Contingent contract dependent on  
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Contingent Contracts Jependent On The
¶Happening· Of Future Uncertain Êvent

` Contingent contract is dependent on the ¶happening· of


a future uncertain event. ]n such cases, the contract can
be enforced only when that uncertain event has
happened .#% 
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Contingent Contract Jependent On The ¶Non-
¶Non-
happening· Of Future Uncertain Êvent

` ]n such cases , the contract can be enforced


only when the happening of that even becomes
impossible as then that event cannot happen
.And then the contract becomes enforceable as
its performance was dependent on the non-
happening of that event #% 
&&$

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Contingent Contract Jependent On The
¶Happening· Of Specified Uncertain Êvent
Within Fixed Time
` ]n such cases, the contract can be enforced if that
event happens within the fixed time. Thus, a
contingent contract dependent on the happening of
specified uncertain event within fixed time, becomes
void in the following cases #% 
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` ]f the event does not happen within the specified time
; or
` ]f before the expiry of that time, the event becomes
impossible.

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Contingent Contracts Jependent On The ¶Non
¶Non--
happening· Of Specified Uncertain Êvent Within
Fixed Time
` A contingent contract dependent on the ¶non-
happening· of a specified event within a fixed time, can
be enforced in the following cases;-
` ]f that event does not happen within the fixed time ; or
` ]f before the expiry of that time, it becomes certain that
the event will not happen (Section 35, second Para).
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Contingent Contracts Jependent On
]mpossible Êvent
` ]n such cases, the contract is void and cannot be
enforced by law. That such contract will be void
whether the impossibility of the event is known or not
to the parties at the time of making the
contract.[section 36]
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Êvent Becoming ]mpossible Which ]s A
Future Conduct Of Living Person
` That contingent contract in section 34 of ]ndian
contract act, which reads as under;-
` ´ ]f the future event on which the contract is
contingent is the way in which a person will at an
unspecified time, the event shall be considered to
become impossible when such person does anything
which readers it impossible that he should so act within
any definite time , or otherwise than under further
contingencies.µ
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Comparison Between Contingent
Contract And A Wagering Agreement

Contingent Contract Wagering Agreement

1. it is perfectely valid it is absolutely void


and cannot enforced and cannot enforced
and can be enforced in a court of law.
in a court of law.

2.]n this case,the future ]n this case,the


uncertain event is uncertain event is
merely collateral or the only determining
]ncidental. Factor.
Continue«

Contingent Contract Wagering Agreement

]n this case,there may ]n this case,there are


be reciprocal promises. reciprocal promises.

All contingent contracts All wagering agree-


are not or a wagering ment are also cont-
nature,because are not ingent contracts be-
of a wagering nature , cause they are because all
the contingent they are dependent
contracts are not void. on uncertain event.

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