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CS Professional · Drafting, Pleadings and Appearances · Commercial Contract Management

Vikram agrees to pay Neha Rs 3,00,000 if Neha marries Rohit. Subsequently Rohit marries Sunita. Rohit's wife may die and he might later marry Neha. Vikram refuses to pay and Neha argues the event remains possible. What is the position?

The contract becomes void. When a person's conduct is the event, it is deemed impossible once he does something that rules out the act except under further contingencies. Rohit's marriage to Sunita makes his marriage to Neha impossible, so the contingent contract becomes void.

  1. AThe event is still possible, so the contract stays alive until Rohit dies
  2. BThe marriage of Neha to Rohit must now be considered impossible, so the contract becomes voidCorrect
  3. CThe contract becomes enforceable because Rohit acted
  4. DThe contract is voidable at Vikram's option only

Explanation

Where the event is a person's future conduct at an unspecified time, it is considered impossible when that person does something making it impossible to act so within any definite time, or otherwise than under further contingencies. Rohit's marriage to Sunita does this, even though later events could theoretically change it. Since the event is impossible, the contract becomes void.

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