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

Rao agrees to pay Sharma Rs. 1,00,000 if Sharma marries Deepa. Before the agreement is performed, Deepa marries Venkat, though Venkat may later die and Deepa could afterwards marry Sharma. A draftsman is asked about the status of the contract. Which statement is correct?

The event is considered impossible, so the contract is void. When the event depends on a living person's conduct, it is deemed impossible once that person does something making it possible only under further contingencies, such as Deepa marrying Venkat, and section 32 voids the contract.

  1. AThe event is to be considered impossible, so the contract is voidCorrect
  2. BThe contract remains enforceable until Deepa dies
  3. CThe contract is valid but voidable at Rao's option
  4. DThe contract is enforceable once Sharma gives notice

Explanation

Section 34 states that where the event is the future conduct of a living person, the event is considered impossible when that person does anything making it impossible to so act within any definite time or otherwise than under further contingencies. The illustration treats a marriage of B to C as impossible once C marries D, despite the chance of D's death. Under section 32, the contract then becomes void.

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