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CS Professional · Drafting, Pleadings and Appearances · Commercial Contract Management

Arjun contracts to buy Vikram's horse if Arjun survives Kabir. Kabir is alive and in good health. Vikram sues Arjun to enforce the contract today. What is the legal position?

The contract cannot be enforced until Kabir dies in Arjun's lifetime. Under Section 32, a contingent contract dependent on an uncertain future event happening is unenforceable unless and until that event occurs. It is not void now, because the event is still possible.

  1. AEnforceable now, because the contract was validly made
  2. BVoid from the start, because the event is uncertain
  3. CNot enforceable unless and until Kabir dies in Arjun's lifetimeCorrect
  4. DEnforceable only after Vikram gives notice

Explanation

Section 32 says contingent contracts dependent on an uncertain future event happening cannot be enforced unless and until that event has happened. Here the event is Kabir dying in Arjun's lifetime. Calling it void now is wrong, as it becomes void only if the event becomes impossible.

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