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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

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