Section 32
Enforcement of contracts contingent on an event happening.
Contingent contracts to do or
not to do anything if an uncertain future event happens cannot be enforced by law unless and until that
event has happened.
If the event becomes impossible, such contracts become void.
Illustrations
(a) A makes a contract with B to buy Bs horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime.
(b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse.
(c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void.
If the event becomes impossible, such contracts become void.
Illustrations
(a) A makes a contract with B to buy Bs horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime.
(b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse.
(c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void.