Professional Documents
Culture Documents
5. Agreement by way of wager [Section 30] 6. Agreements contingent on impossible event [Section 36] e.g. Shifting Taj Mahal from Agra to Lucknow 7. Agreements to do impossible act [Section 56] e.g. Turning iron into gold by magic
Agreement to do something, or not to do something, on the stipulated condition of some event, collateral to such contract, taking place or not taking place. is a contingent contract [Section 31].
(d) If it is dependent upon happening of some specific but uncertain event, within a fixed stipulated time in future, such contract will become void, if stipulated fixed time has already expired, and specific event has not taken place, or has become impossible [Section 35, paragraph 1]. (e) Where it is dependent upon the non-happening of a specific but uncertain event within a specified time; that contract may be enforced in law when the time so fixed has expired and the specified event has not taken place, or can now never take place [Section 35, paragraph 2]. (f) But a contingent agreement to do something or even not doing anything, in the case of an impossible event happening, whether such impossibility was known to the parties, or even not known to them, at the time of contract.
In Quasi Contract, though the obligations is neither contractual nor tortuous (expressly or impliedly), it is enforceable by being a tacit contract. Claim arising out of a quasi-contract is generally for money.
(d)Compensation payable out of the property of the incapable person. It involves no personal liability of incompetent person. Thus, if there is no property of incapable person No claim is payable for the supply of necessaries.
(ii) Reimbursement of the person, who has paid the amount payable by another person under law, and where such payment is made to protect his own bona fide selfinterest [Section 69]. (iii) Obligation of a person enjoying benefits of non gratuitous act or delivery of goods [Section 70] to make due compensation to the other person for the act done or the delivery made by him; or else to restore the act done or return or the goods delivered by the other party.
Quantum Meruit
It means as much as merited or as much as earned. Where one of the parties has performed some work, but the other party has repudiated the contract, or when it becomes impossible to complete `remaining portion of the performance of the contract; the party can claim remuneration for work already performed.