Contingent Contracts Flashcards
Contingent contract
Contract to do something , if an event , collateral to contract , happens or does not happen.
Essentials of contingent contract
1- Future event
2- uncertain event
3- collateral event
Examples of contingent contract
1- Contract of insurance
2- Contract of Guarantee
Difference between wagering and contingent contract
Validity:
WA = void + illegal
CC = Valid
Future/uncertain event:
WA = sole determining factor (one event in contract)
CC = Collateral event (Two events in contract)
Interest of parties:
WA = No real interest
CC = Have real interest
Reciprocal promises:
WA = May or may not consist of reciprocal promises
CC = consist of reciprocal promises
Contract contingent upon the happening of an event
(If time is fixed)
- can be enforced when event happens within time specified.
- cannot be enforced if event becomes impossible or time passes.
Contract contingent upon the happening of an event
(If time is not fixed)
- Can be enforced when event happens.
- cannot be enforced if event becomes impossible.
Contract contingent upon the non - happening of an event
(If time is fixed)
- can be enforced when event becomes impossible or does not happen within time specified
- cannot be enforced if event happens within time specified
Contract contingent upon the non - happening of an event
(If time is not fixed)
- can be enforced when event becomes impossible
- cannot be enforced if event happens
Agreement contingent upon impossible events
Such agreements are void ab-initio.
Contract contingent upon the future conduct of a person
Event shall be considered impossible if that person does anything by which it becomes impossible to perform the contract within any definite time.