What is mean by contingent contract?

Answer:
Contingent Contract is a Contract which has to do or not to do something.

for example Krishna Contracts with Ram that he will give 1 crore rupees if rains fall on 31st december... held it is based on future whether it happens or may not happen.




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. Insurance contract provide the best example of contingent contracts.

Example:

  • A contracts to pay B Rs. 10,000 if B's house is burnt. This is a contingent contract.

  • A promises to B Rs. 1 crore if a certain ship does not return within a year.


Essential features of a contingent contract

  1. Dependence on a future event: The performance of a contingent contract depends upon the happening or non-happening of some future event.

  2. Collateral Event: The event must be collateral to the contract.

  3. Uncertain Event: The event must be uncertain.


Note:
The performance of a contingent contract must depend upon the happening or non-happening of an event and not on the mere will of the promisor.
Rule about contingent contract
When the contract, based upon happening of future event:
For example : A promises to pay B Rs. 10,000 if A's ship coming from London reaches at Mumbai-port on or before 31stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31stMay,2011
Valid contract(Enforceable law)
Case 2: When the ship reaches at Mumbai port after the specified period i.e. 31stMay,2011
Void/ Unenforceable
Case 3: When the ship sinks
Void/Unenforceable
When the contract, based upon non-happening of future event:
For example : A promises to pay B Rs. 10,000 if A's ship coming from London doesn't reaches at Mumbai-port on or before 31stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31stMay,2011 i.e., specified period
Void
Case 2: When the ship reaches at Mumbai port after the specified period i.e. 31stMay,2011
Valid
Case 3: When the ship sinks
Valid
First answer by Cbkrishna. Last edit by Cbkrishna. Contributor trust: 2 [recommend contributor recommended]. Question popularity: 10 [recommend question].