Indian Contract Act, 1872
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 contract 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 become
certain that such event will not happen.
Illustrations
(a) A promises to pay B a sum of money if a certain ship returns
within the 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 a year, or is burnt within the year.