Contingent Contract With Example In Middlesex
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A contingent contract is a legal agreement in which the terms and conditions only apply or take effect if a specific event occurs. Essentially, the parties involved agree to perform actions or obligations based on the occurrence or non-occurrence of a particular event in the future.
Contingency clauses help parties find common ground when they have divergent future expectations. However, they come with complexities and potential drawbacks, such as increased administrative overhead and the need for careful negotiation and drafting.
In a contingency contract, the task defines exactly what behavior a person must engage in to access the reward. It should include what needs to be done, who must do it, when it must be done and details with how it must be done. It should be very clear and specific for all parties.
Contingency Contract Examples If you fail to secure the financing within the stipulated period, either party may terminate the contract without any legal consequences. Another simple example is a child who agrees with their parent that they would receive a new bicycle if they receive an A in a specific class.
The most common contingency is the home inspection contingency. This condition on an offer states the home sale will only be finalized if the property passes a professional home inspection. In other words, buyers can walk away from a home sale if the home inspection turns up serious problems.
Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).
Best practices for drafting a contingent contract #1 Define the conditions clearly to activate the contract obligations. #2 Include detailed descriptions of all parties' obligations. #3 Keep the contract simple to avoid misunderstandings. #4 Regularly update your contracts to keep them relevant and enforceable.
In the case of conditional contracts, conditions that need to be fulfilled are certain, i.e., bound to happen, which is not the case with contingent contracts, as such conditions may or may not happen.
