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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

Kavita agrees to pay Rohit Rs 50,000 if Rohit marries Kavita's daughter Anjali. Unknown to both parties, Anjali had died before the agreement was made. Rohit later claims the money. What is the position?

The agreement is void. Section 36 of the Indian Contract Act provides that contingent agreements to do or not do something if an impossible event happens are void, whether or not the parties knew of the impossibility. Anjali was already dead, so Rohit cannot claim the money.

  1. AEnforceable, because neither party knew of the death
  2. BEnforceable, because Kavita's promise was supported by consideration
  3. CVoidable at Kavita's option because of mutual mistake
  4. DVoid, because a contingent agreement dependent on an impossible event is void whether or not the parties knew of the impossibilityCorrect

Explanation

Section 36 makes contingent agreements void if the event is impossible, whether or not the parties knew of the impossibility when contracting. Anjali's death makes the marriage impossible, so ignorance of the parties is irrelevant. The agreement is void, not voidable.

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