Contingent Contracts Flashcards

1
Q

Contingent contract

A

Contract to do something , if an event , collateral to contract , happens or does not happen.

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2
Q

Essentials of contingent contract

A

1- Future event
2- uncertain event
3- collateral event

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3
Q

Examples of contingent contract

A

1- Contract of insurance
2- Contract of Guarantee

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4
Q

Difference between wagering and contingent contract

A

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

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5
Q

Contract contingent upon the happening of an event
(If time is fixed)

A
  • can be enforced when event happens within time specified.
  • cannot be enforced if event becomes impossible or time passes.
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6
Q

Contract contingent upon the happening of an event
(If time is not fixed)

A
  • Can be enforced when event happens.
  • cannot be enforced if event becomes impossible.
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7
Q

Contract contingent upon the non - happening of an event
(If time is fixed)

A
  • can be enforced when event becomes impossible or does not happen within time specified
  • cannot be enforced if event happens within time specified
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8
Q

Contract contingent upon the non - happening of an event
(If time is not fixed)

A
  • can be enforced when event becomes impossible
  • cannot be enforced if event happens
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9
Q

Agreement contingent upon impossible events

A

Such agreements are void ab-initio.

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10
Q

Contract contingent upon the future conduct of a person

A

Event shall be considered impossible if that person does anything by which it becomes impossible to perform the contract within any definite time.

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