Disadvantages of Contingent Contracts: Parties may need to seek legal advice or engage in lengthy negotiations to establish clear terms. Increased Costs: The inclusion of contingencies in contracts may result in additional costs or financial implications.
Contingent contracts, like contingencies themselves, cannot occur unless a certain condition is met. For instance, the sale of a home cannot take place without a prior home inspection, and an aircraft cannot leave the hangar without a thorough walk-around inspection by the pilot.
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.
Parts of a Contingency Contract A contingency contract has three major parts: the task, the reward and the task record.
For instance, a home seller may agree to an offer with the contingency that they must find a new home before they sell. If they are unable to find another home within a specified time frame, they may cancel the deal without penalty — so long as this contingency is spelled out in the contract.
To draft a contract from scratch, start by identifying the parties involved and clearly outlining the agreement. Include consideration (what is exchanged), define the terms and conditions, ensure all parties are legally competent, and finalise it with signatures. These essential elements make the contract enforceable.
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.
A contingency clause should clearly outline the conditions, how the conditions are to be fulfilled, and which party is responsible for fulfilling them. The clause should also provide a timeframe for what happens if the condition is not met.
An example of a contingent liability that a company should record is possible product warranty costs. This refers to the potential expense a company may incur if they need to repair or replace a product that is covered under warranty. Another example is the threat of a lawsuit by a competitor.