Contract act . section 31 to 36

Section 31 to 36 

Section 31 . contigent contract defined ----

A contigent contract is a contract to do or not to do something if some event collateral to such contract does or does not happen .

Landmark judgement 

Secretary of state for India versus A .J ara thun

Facts ---some timbers was to be supplied  to the Government department.the permission of timber was to be given by superintendent of factory .the timber was sent .he did not accept .the contractor had filed a suit to breach of contract 

Decision ---

In this case permission of superintendent is very essential which was not fulfilled .so no contract had been made .so there is no  question is arise to breach of contract ...

Landmark case no.2

Ramjan versus Hussani 

When plaintiff will redeem the mortgaged estate .on that day the owner will execute sell deed in the name of plaintiff .this is example of contigent contract .

Illustrations 

A contract To pay B Rs. 10,000/.if B 's house is burnt .this is a contigent contract.

Section 32 .enforcement of contract contigent on an event happening ---

Contigent contracts to do or not to do anything if an uncertain future event happens , cannot be enforced by law unless and until that event has happened.

If the event becomes impossible such contracts become void .

Landmark judgement 

V .P.Desa versus union of India 

A car was insured for damage in traffic .but the car was damaged before come in traffic.the insurance company had not been held liable here .

Illustrations 

A.A makes a contract with B to buy B's horse if A survives C.this contract cannot be enforced by law unless or until C dies in A 's lifetime .

B.A makes a contract with B to sell a horse to B at a specified price.if C to whom the horse has been offered,refuses to buy him .the contract cannot be enforced by law unless and until C refuses to buy the horse .

C.A contracts to pay B a sum of money when B marries C.C dies without being married to B .the contract becomes void .

Section 33 .enforcement of contracts contigent on an event not happening ----

Contigent of contracts to do or not to any thing if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible and not before .

Illustrations 

A.A agrees to pay B a sum of money if a certain ship 🚢 does not return.the ship is sunk.the contract can be enforced when the ship sinks .

Section 34 ---when event on which contract is contiguous to be deemed impossible,if it is the future conduct of a living person ---

If the future event on which a contract is contigent is the way in which a person will act at an unspecified time ,the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time or otherwise than under further contingencies.

Illustrations 

A agrees to pay B a sum of money if B marries C.C marries D .the marriage of B to C must now be considered impossible although it is possible that D may die and that C may afterwards marry B.

Section 35 .---when contracts become void ,which are contigent on happening of specified event within fixed time ----

Contigent contracts to do or not to do anything if a specified uncertain event happens within a fixed time ,become void if at the expiration of the time fixed ,such event has not happened or if before the time fixed such event becomes impossible.

When  contracts may be enforced which are contigent on specified event not happening within fixed time -----

Contigent contracts to do or not to do anything if a specified uncertain event does not happen within a fixed time ,may be enforced by law when the time fixed has expired,if it becomes certain that such event will not happen.

Illustrations 

A.A promises to B a sum of money if a certain ship returns within a year .the contract may be enforced if the ship returns within the year and becomes void if the ship is burnt within the year .

B.A promises to pay B a sum of money if certain ship doesn't return within a year .the contract may be enforced if the ship does not return within the year or is burnt within the year.

Section 36 . agreement contigent on impossible events void ----

Contigent agreements to do or not to do anything if an impossible event happens are void  whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made .

Illustrations 

A.A agrees to pay B 1000 rupees if two straight lines should enclose a space .the agreement is void .

B.A agrees to pay B 1000 rupees .if B will marry A 'S daughter C .C was dead at the time of agreement.the agreement is void .