CSEET · Business Laws and Management · Elements of Law of Contracts
Arjun promises to pay Bina Rs. 20,000 if a certain ship does not return to Mumbai within one year. Which of the following statements is correct?
The contract may be enforced if the ship does not return within the year, or if it is burnt within the year. Section 35 allows enforcement once the time expires without the event, or earlier when it becomes certain the event will not happen.
- AThe contract can be enforced only after exactly one year has passed, even if the ship is burnt earlier
- BThe contract is void if the ship does not return within the year
- CThe contract may be enforced if the ship does not return within the year, or is burnt within the yearCorrect
- DThe contract can never be enforced because the event is negative
Explanation
Section 35 says such a contract may be enforced when the time fixed has expired and the event has not happened, or before expiry if it becomes certain the event will not happen. Illustration (b) says the contract may be enforced if the ship does not return or is burnt within the year. The first option wrongly insists on waiting for the full year.
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