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Contingent Contract:

A "contingent contract" is a contract to do or not to do something, if some event, collateral to such


contract, does or does not happen.

Illustration: A contracts to pay to B Rs. 10,000 if B's house is burnt. This is a contingent contract.

Differences between Contingent Contracts and Wagering Contracts?

Factors Contingent Contracts Wagering Contract

Meaning It is a contract to do or not to do something It is a promise to give money or


with reference to a collateral event money’s worth with reference to an
happening or not happening. uncertain event happening or not
happening.

It may not contain reciprocal promises It consists of reciprocal promises.

Reciprocal promises Example. A promises B to pay Rs. 1,000 if  Example. In wagering agreement A
a ship does not return. Here A is making a agrees to pay B 20 rupees if it rains on
promise to pay but B is not making a Monday and if it does not rain B will
similar promise to pay A. thus there is no pay 20 rupees to A. In the above
mutuality of promises in a contingent example there is mutuality of agree-
contract. ment but this mutuality of promises is
not necessary in case of a contingent
contract.

Uncertain event The event is collateral. The uncertain event is the core factor

Nature of contract Contingent contract may not be wagering A wagering agreement is essentially
in nature. contingent in nature.

Contracting parties has interest in the The contracting parties have no


subject matter in a contingent contract. interest in the subject matter.

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Interest of parties  Example. A gets his house insured. It is a Example. A promises to pay Rs. 100
contingent contract as A has independent to B if it rains on Monday. It is a
interest in this case. wagering agreement as A has no
independent interest.

Mutuality of loss and Contingent contract is not based on the A wagering contract is a game, losing
gain doctrine of mutuality of loss and gain. and gaining alone matters.

Effect of contract Contingent contract is valid. A wagering agreement is void.

Similarities between wagering and contingent contract:


 The contract must be conditional on the happening or not happening of the event.
 The event must be uncertain.
 All wagers are contingent but all contingent contracts are not wagers.

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