Contingent Contract With Case Law In Montgomery
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A "contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.
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.
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.
Contingent contracts usually occur when negotiating parties fail to reach an agreement. The contract is characterized as "contingent" because the terms are not final and are based on certain events or conditions occurring. A contingent contract can also be viewed as protection against a future change of plans.
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.
