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CS Professional · Drafting, Pleadings and Appearances · Drafting of Commercial Contracts

Rao agrees in writing to buy Singh's horse if Rao survives Iyer. Singh demands payment while all three are alive. How should the draftsman advise on enforceability?

It can be enforced only after Iyer dies in Rao's lifetime. A contract contingent on an uncertain event happening cannot be enforced until that event has happened, and it becomes void only if the event becomes impossible.

  1. AThe contract is void from the start
  2. BIt can be enforced immediately because it is signed
  3. CIt can be enforced only after Iyer dies during Rao's lifetimeCorrect
  4. DIt can be enforced only after Rao dies

Explanation

Contingent contracts dependent on an uncertain future event happening cannot be enforced by law unless and until that event has happened. The event is Iyer's death in Rao's lifetime. Until then enforcement is not possible, though the contract is not void.

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