Enforceability of Contingent Contract

A contingent contract is a type of contract that is dependent on the occurrence or non-occurrence of a future uncertain event. The enforceability of such a contract depends on certain conditions being met.

Condition 1: Future Event Must Be Uncertain

The future event on which the contract is dependent must be uncertain. If the event is certain to occur or not occur, the contract is not contingent and cannot be enforced.

Condition 2: Event Must Be Possible

The event must be possible, but not necessarily probable. If the event is impossible, the contract is void ab initio and cannot be enforced.

Condition 3: Event Must Not Be Within The Control of Parties

The event must not be within the control of either party. If the event is within the control of one of the parties, the contract is void and cannot be enforced.

Condition 4: Contract Must Be Conditional and Not Absolute

The contract must be conditional and not absolute. In other words, the performance of the contract must be dependent on the occurrence or non-occurrence of the future event. If the contract is absolute, it cannot be enforced.

Condition 5: Event Must Occur or Not Occur

The contract can only be enforced if the event occurs or does not occur, as the case may be. If the event does not occur or occurs in a different manner from what was anticipated, the contract cannot be enforced.

Conclusion

In conclusion, a contingent contract can be enforced when the event on which it is dependent occurs or does not occur, the event is uncertain and possible, the event is not within the control of the parties, the contract is conditional and not absolute, and the event occurs or does not occur as anticipated.

When the event is happen