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Contingent Contracts
Contingent Contracts
Contingent Contracts
AND
WAGERING AGREEMENTS
CONTINGENT CONTRACT
3.Future contract of living person: “If the future event on which a contract is
contingent the way in which a person will act an unspecified time, the event shall be
considered to become impossible when such person does anything which renders it
impossible that he should so act within any definite time, or otherwise than under
further contingencies.”
4.Specified event not happening within fixed time: “Contingent contracts to do or
not to do something if a specified uncertain event does not happen within a fixed time
may be enforced by law when the time fixed has expired, if it becomes certain that
such event will not happen.”
According to Anson, wager means “promise to give money or money’s worth upon
the determination of an uncertain event in which the parties have no material interest
other than mutual changes of gain or loss”.
1. There must be two persons holding opposite views about an uncertain event. The
event may be future or past but the result of which is unknown to both the parties.
Such an event may be legal or illegal.
2. The two persons agree that dependent on the determination of that event in one
way, one shall pay money to the other and vice versa.
3. There must be mutual gain or loss.
4. Neither of the parties should have any control over the event.
5. The parties must not have any other interest in the happening of the event except
the sum of money which either of them will win or loose.
6. The parties to a wagering contract intend to deal in difference only and do not have
any intention of effecting delivery.
Wagering agreements have been expressly declared to be void in India. No suit can
be brought for recovering anything alleged to be won on any wager, or entrusted to
any person to abide by the result of any game or other uncertain event on which any
wager is made, (Sec.30)