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.
The agreement states that if a certain event occurs, then one or both parties will take specific actions. Contingency agreements are often used to protect against financial loss or legal liability. However, not all contingency agreements are enforceable in court.
A contingent contract will be deemed valid only if an event occurs or does not occur and it is collateral to the contract. The meaning of a contingent contract is that the conditions collateral to the contract must be certain to happen in the future.
It provides: “Use the singular possessive case 'attorney's fees' (not 'attorneys'') in the term 'attorney's fees,' even though in the particular case more than one attorney may be involved.” OFF. OF THE REP. OF DECISIONS, THE SUPREME COURT'S STYLE GUIDE § 10.3 (Jack Metzler ed., 2016).
Example of a Contingency Contract One straightforward example might be a child who agrees with their parent that if they get an A in a particular class, they will get a new bicycle. Of course, the contract may be verbal, and it may be between family members.
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.
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.
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.
Decide how much, how often, and by whom rewards will be given. Be specific in identifying necessary criteria to obtain a reward. Remember to reward for small approximations when beginning a contingency contract. Include any mild punishment (e.g., loss of a privilege, time-out, etc.)