CMA Foundation · Fundamentals of Business Laws and Business Communication · Contingent Contracts
Kiran promises to pay Dev Rs. 20,000 if Dev marries Esha. Before any marriage, Esha marries Farhan. Under the Act, what is the position?
The contract becomes void. Under Section 34, once Esha marries Farhan, her marrying Dev is deemed impossible, even though Farhan might die later. Section 32 makes a contract contingent on an event happening void when that event becomes impossible.
- AThe marriage of Dev to Esha is considered impossible, so the contract becomes voidCorrect
- BThe contract stays enforceable because Farhan may die and Esha may later marry Dev
- CThe contract becomes enforceable immediately because Esha has married
- DThe contract is void only if Farhan actually dies
Explanation
Section 34 says that where the event is a person's future conduct, it is deemed impossible once that person does something making the act impossible within a definite time or otherwise than under further contingencies. Esha's marriage to Farhan therefore makes Dev's marriage to her impossible, even though Farhan might die. Under Section 32, the contract then becomes void.
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