Section 35 - When contracts become void which are contingent on happening of specified event within fixed time. When contracts may be enforced, which are contingent on specified event not happening within fixed time
Current statutory text
35.When contracts become void which are contingent on happening of specified event within
fixed time.—Contingent contracts to do or not to do anything if a specified uncertain event happens
within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if,
before the time fixed, such event becomes impossible.
When contracts may be enforced, which are contingent on specified event not happening within
fixed time.—Contingent contracts to do or not to do anything, if a specified uncertain event does not
happen within a fixed time may be enforced by law when the time fixed has expired and such event has
not happened or, before the time fixed has expired, if it becomes certain that such event will not happen.
Illustrations
(a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship
returns within the year, and becomes void if the ship is burnt within the year.
(b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the
ship does not return within the year, or is burnt within the year.
Finin2min clause-by-clause decode
| Clause | Statutory requirement | Finin2min meaning | Evidence/control |
|---|
| Main rule | 35.When contracts become void which are contingent on happening of specified event within fixed time.—Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. When contracts may be enforced, which are contingent on specified event not happening within fixed time.—Contingent contracts to do or not to do anything, if a specified uncertain event does not happen within a fixed time may be enforced by law when the time fixed has expired and... | Test this main limb within the validity and consent framework. Operational focus: 35.when contracts become void which are contingent on happening of specified event within fixed time.—contingent contracts to do. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year. | Test this (a) within the validity and consent framework. Operational focus: a promises to pay b a sum of money if a certain ship returns within a year. the. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the ship does not return within the year, or is burnt within the year. | Test this (b) within the validity and consent framework. Operational focus: a promises to pay b a sum of money if a certain ship does not return within a. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
Finin2min implementation explanation
Section 35 is a validity and consent provision dealing with when contracts become void which are contingent on happening of specified event within fixed time. when contracts may be enforced, which are contingent on specified event not happening within fixed time. Identify the actor, trigger, cumulative or alternative conditions, provisos, exceptions and legal consequence before reaching a conclusion.
Implementation control: Preserve negotiations, disclosures and approvals. Test capacity, free consent, lawful object, severability, restitution and ratification as separate questions.
Section-level practical application
Transaction test
Apply this provision to the event-date facts and record every satisfied, disputed or inapplicable limb.
Consequence and remedy
Identify how it changes validity, title, authority, liability, payment, rejection, recovery, registration, evidence or relief.