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CMA Foundation · Fundamentals of Business Laws and Business Communication · Contingent Contracts

Rohan promises to pay Mehul Rs. 50,000 if Mehul marries Kavita. Kavita then marries Dev. What is the position under Section 34?

Mehul's marriage to Kavita must now be considered impossible, even though Dev might die and Kavita might later marry Mehul. The remote further contingency is ignored, so the event is treated as impossible and the contract cannot be enforced.

  1. AThe marriage of Mehul to Kavita is considered impossible, though Dev may die and Kavita may later marry MehulCorrect
  2. BMehul's marriage to Kavita remains possible, so the contract continues to be capable of performance
  3. CThe contract is voidable at Rohan's option only
  4. DThe contract becomes enforceable immediately because the event has been decided

Explanation

This follows the illustration to Section 34. Kavita's marriage to Dev makes the event impossible under the section, even though a later remarriage is conceivable. Hence the contract cannot be enforced and becomes void, not enforceable.

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