A contingent contract dependent on the non-happening of specified unce...
Contingent 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 and such event has not happened, or before the time fixed has expired, if it becomes certain that such event will not happen.
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A contingent contract dependent on the non-happening of specified unce...
Explanation:
A contingent contract is a contract that depends on the happening or non-happening of an uncertain future event. In this case, the contingent contract is dependent on the non-happening of a specified uncertain event within a fixed time.
The question asks which condition allows the contingent contract to be enforced. Let's analyze each option to understand why option D is the correct answer.
(a) The event does not happen within fixed time:
If the specified uncertain event does not happen within the fixed time, it means that the condition of the contract has been fulfilled. In this case, the contingent contract can be enforced because the event did not occur within the agreed-upon timeframe.
(b) The event becomes impossible before the expiry of fixed time:
If the specified uncertain event becomes impossible before the expiry of the fixed time, it means that the condition of the contract cannot be fulfilled. In such a situation, the contingent contract can be enforced because it is not possible for the event to occur within the agreed-upon timeframe.
(c) The event happens within the fixed time:
If the specified uncertain event happens within the fixed time, it means that the condition of the contract has not been fulfilled. In this case, the contingent contract cannot be enforced because the event occurred within the agreed-upon timeframe.
(d) Both (a) and (b):
Option D states that the contingent contract can be enforced if either the event does not happen within the fixed time or if it becomes impossible before the expiry of the fixed time. This is the correct answer because both conditions allow the contract to be enforced.
In summary, a contingent contract dependent on the non-happening of a specified uncertain event within a fixed time can be enforced if either the event does not happen within the fixed time or if it becomes impossible before the expiry of the fixed time. This is because in both cases, the condition of the contract has been fulfilled or cannot be fulfilled, allowing the contract to be enforced.
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