Drafting, Pleadings and Appearances · Drafting of Commercial Contracts

Enforcement of Contingent Contracts under Sections 32, 33 and 35

Updated 11 October 2026 · Fact-checked

A contingent contract depends on a collateral uncertain event. Under Section 32, it cannot be enforced until the event happens, and becomes void if the event becomes impossible. Under Section 33, a contract tied to an event not happening is enforceable once that event becomes impossible. Section 35 adds fixed-time rules.

Understand Enforcement of Contingent Contracts (Sections 32, 33 and 35)

A contingent contract (Section 31) is a contract to do or not to do something if some event, collateral to the contract, does or does not happen. The event must be uncertain and must not be the mere performance of the contract itself. Example: A promises to pay B ₹10,000 if B's house is burnt.

Sections 32, 33 and 35 answer one question: when can you go to court on such a contract? The answer depends on two things: whether the contract needs the event to happen or not to happen, and whether a time limit is fixed.

Under Section 32, the contract depends on an event happening. It cannot be enforced unless and until the event has happened. If the event becomes impossible, the contract becomes void. Illustration: A agrees to buy B's horse if A survives C. It is enforceable only if C dies in A's lifetime.

Under Section 33, the contract depends on an event not happening. It can be enforced when the happening of that event becomes impossible, and not before. Illustration: A will pay B if a certain ship does not return. The ship is sunk. Now the contract can be enforced.

Under Section 35, a time limit is fixed. If the contract depends on an event happening within a fixed time, it becomes void if the time expires without the event, or if the event becomes impossible before then. If it depends on the event not happening within a fixed time, it can be enforced when the time expires without the event, or earlier if it becomes certain the event will not happen.

Key rules to remember

Section 32: event happening: Enforceable only after the event happens; void if the event becomes impossible; Applies where no time limit is fixed. Enforcement waits for the event.
Section 33: event not happening: Enforceable when the event becomes impossible, and not before; Applies where no time limit is fixed. Until impossibility is established, the contract cannot be enforced.
Section 35, first part: event happening within fixed time: Void if the time expires without the event, or the event becomes impossible before the time; If the event happens within the time, the contract may be enforced.
Section 35, second part: event not happening within fixed time: Enforceable when the time expires without the event, or earlier when it becomes certain the event will not happen; Mirror image of the first part.
Section 34: conduct of a living person: Event is impossible when the person does something that rules out acting within any definite time, or otherwise than under further contingencies; Used when the event is how a person will act at an unspecified time. Example: C marries D, so B marrying C is treated as impossible.
Section 36: impossible event: Contingent agreement to do something if an impossible event happens is void; Void whether or not the parties knew of the impossibility when contracting.

How to solve Enforcement of Contingent Contracts (Sections 32, 33 and 35) questions

Use the same sequence for every contingent contract problem. Law, facts, conclusion.

1Confirm it is a contingent contract under Section 31: a promise to do or not do something if a collateral event does or does not happen.
2Identify the event and note whether the promise depends on it happening or not happening.
3Check whether a time limit is fixed for the event. If yes, go to Section 35. If no, use Section 32 or 33.
4State the rule in plain words: Section 32 for happening, Section 33 for not happening, Section 35 for either within a fixed time.
5If the event is the future conduct of a person, test it under Section 34 to see whether it is already impossible.
6Apply the facts: has the event happened, become impossible, or become certain not to happen, and has the time expired?
7Conclude clearly: enforceable now, not yet enforceable, or void. Quote the section.

Quickest way: Happen or not happen, time or no time

When to use it: Use it when a short-answer or case question gives a simple promise tied to an event and asks whether it can be enforced.

Write the event and mark it H (happening) or N (not happening).
Mark whether a time is fixed.
H, no time: enforce after event happens; void if impossible (Section 32).
N, no time: enforce once the event becomes impossible (Section 33).
H, fixed time: void if time ends without event or event becomes impossible (Section 35).
N, fixed time: enforce when time ends without event or it becomes certain it will not happen (Section 35).

Common mistakes in Enforcement of Contingent Contracts (Sections 32, 33 and 35)

Treating a contract contingent on an event not happening as enforceable immediately.
Students assume the promise is live because the event has not yet occurred.
Fix: Under Section 33, enforcement waits until the event becomes impossible. Not yet happened is not the same as impossible.
Saying a Section 32 contract is void just because the event has not happened yet.
Confusing delay with impossibility.
Fix: It is void only when the event becomes impossible. Until then it is simply not enforceable.
Ignoring the time limit and applying Section 32 or 33 to a fixed-time contract.
Students stop reading the facts after identifying the event.
Fix: Look for words like within a year or by 31 March. A fixed time moves the case to Section 35.
Saying a Section 35 'event not happening' contract must wait for the time to expire.
Students remember only the expiry limb.
Fix: It can also be enforced earlier if it becomes certain before expiry that the event will not happen, such as the ship being burnt.
Calling a contract contingent when the event is the performance of the promise itself.
Students skip the definition in Section 31.
Fix: The event must be collateral to the contract, and uncertain. Check this first.
Mixing up Section 36 with Sections 32 and 35.
Both deal with impossibility.
Fix: Section 36 covers an event that is impossible when the agreement is made. Sections 32 and 35 cover events that become impossible later.

Worked examples

Example 1

Meera Textiles Ltd agrees to pay Rohan ₹5,00,000 if a particular cargo ship, the MV Sagar, does not return to Mumbai port within one year. Within six months the ship is burnt at sea. Can Rohan enforce the contract?

Show the solution

The promise depends on a collateral uncertain event, the ship's return, so it is a contingent contract (Section 31).
The promise depends on the event not happening, and a time of one year is fixed. Section 35 applies.
Section 35 says such a contract may be enforced when the time has expired without the event, or before expiry if it becomes certain that the event will not happen.
The ship is burnt within six months, so its return within the year is now certain not to happen.
The time has not expired, but certainty is enough.

Answer: Yes. Rohan can enforce the contract now under Section 35, without waiting for the year to end.

Example 2

Arjun agrees to sell his car to Kavita for ₹4,00,000 if Kavita's loan application is rejected by her bank. No time is fixed. Later the bank approves the loan. Advise on the contract.

Show the solution

The sale depends on a collateral uncertain event, the bank's decision, so it is contingent (Section 31).
The promise depends on the event happening (rejection), with no time fixed. Section 32 applies.
Section 32 says it cannot be enforced unless and until the event has happened, and it becomes void if the event becomes impossible.
The bank has approved the loan, so rejection can no longer happen. The event has become impossible.
Conclusion: the contract is void.

Answer: The contract is void under Section 32, because the event on which it depends has become impossible. Neither party can enforce it.

Exam tips

Write the section number with the rule in plain words. Then apply the facts. Examiners reward provision, analysis and conclusion.
Always say whether the contract depends on the event happening or not happening, and whether a time is fixed, before naming the section.
Use the statutory illustrations (horse, ship, marriage) as models, but change names and amounts in your own answer when drafting.
In a drafting question, add a clause that states the event, the time limit and the consequence if the event does not occur in time.
Distinguish void from not yet enforceable. Marks are lost when the two are mixed.

Practice questions from Drafting of Commercial Contracts

Enforcement of Contingent Contracts (Sections 32, 33 and 35) in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Enforcement of Contingent Contracts (Sections 32, 33 and 35): frequently asked questions

What is the difference between Section 32 and Section 33?

Section 32 covers a contract that depends on an event happening. It cannot be enforced until the event happens. Section 33 covers a contract that depends on an event not happening. It can be enforced when the happening of that event becomes impossible.

When does a contingent contract become void under Section 35?

A contract contingent on an event happening within a fixed time becomes void if the time expires without the event, or if the event becomes impossible before the time. It is the time-limited version of the Section 32 rule.

Can a contract contingent on an event not happening within a fixed time be enforced early?

Yes. Section 35 allows enforcement before the time expires if it becomes certain that the event will not happen. The ship burnt within the year is the statutory illustration.

How is Section 34 linked to these sections?

Section 34 tells you when an event that depends on a person's future conduct is treated as impossible. Once it is impossible, you apply the Section 32, 33 or 35 consequence.