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
Dependence on a future event: The performance of a contingent contract depends upon the happening or non-happening of some future event.
Collateral Event: The event must be collateral to the contract.
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 contractWhen 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 31
stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31
stMay,2011
Valid contract(Enforceable law)Case 2: When the ship reaches at Mumbai port after the specified period i.e. 31
stMay,2011
Void/ UnenforceableCase 3: When the ship sinks
Void/UnenforceableWhen 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 31
stMay,2011.
Case 1:When the ship reaches at Mumbai-port on or before 31
stMay,2011 i.e., specified period
VoidCase 2: When the ship reaches at Mumbai port after the specified period i.e. 31
stMay,2011
ValidCase 3: When the ship sinks
Valid