Contracts Act · s 33

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s 33Enforcement of contracts contingent on event happening

Contingent 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.

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 and 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 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.