X promise to pay Y Rs. 10,000 as and when he marries Z. The contract is _____________.
A
A contingent contract
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B
A wagering contract
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C
Opposed to public policy
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D
In restraint of personal freedom
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Solution
The correct option is A A contingent contract
A contingent contract is one that is contingent as it depends on something else happening. Under Section 31 of the Indian Contract Act, 1872, contingent contracts are defined as follows: “If two or more parties enter into a contract to do or not do something, if an event which is collateral to the contract does or does not happen, then it is a contingent contract.
The constituent elements of a Contingent contract are :
It is a contract
It may be positive or negative, i.e to do or not to do something.
It is dependent on the future event and this event is a future uncertain event, which may or may not happen.
In this case, X has promised Y Rs 10,000 when he marries Z which is a future possible event, if not much certain and hence, this contract is a contingent contract.