Chapter 05: Contingent Contracts Flashcards
cntingent contract and its essentials?
Definition
is a contract to do (not to do) something, if some event collateral to such contract happens or does not happens
Example, insurance contract, indemnity contract and guarrentee contract
Essentials:
- Dependence on a Future Event:( the event must depend on happening or non-happening of some future event
- Collateral Event:
- Uncertain Event:
deffenrence between wageering agreement and contingent contract?
Wagering Vs. Contingent Agreement (Main Points):
- Validity
- Future/Uncertain Event =sole determining factor =only collateral
- Interest of parties = no toher interest =real inerest
- Reciprocal promises = may or may not =consist of
Rules regarding Performance of Contingent Contracts?
Contracts contingent on happening
if time fixed:
> can be enforce only when contract happen in time
> cannot be enforced if not happen in time or impossilbe
if time not fixed:
> can enforce if happens
> cannot be enforced if becomes empossile
Contracts contingent on non-happening.
if time fixed:
> can enforce only if not happen in time or become impossilble
> cannnot be enforced if hapeen in time
if time not fixed:
> can enforce if becmes impossible
> cannot enforce if happens
Contingent on impossible event:
»_space;>Void
Contingent on future conduct of a person.
>such event shall be considered impossible if such person does anything by which it becomes immpossibe to perform contract in DEFINITE time