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A agrees to pay B ₹1 lakh if X wins a parliamentary election but is never appointed Prime Minister. A…

Winning the election is part of the stipulated scenario. The payment condition then turns on the appointment failing to happen. With no fixed deadline, section 33 allows…

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A agrees to pay B ₹1 lakh if X wins a parliamentary election but is never appointed Prime Minister. A and B set no deadline for the appointment. Which section of the Indian Contract Act, 1872 governs enforcement of this promise on the ground that the appointment will not happen?

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Answer and explanation

Correct answer C

Winning the election is part of the stipulated scenario. The payment condition then turns on the appointment failing to happen.

With no fixed deadline, section 33 allows enforcement when that appointment becomes impossible.

Option feedback

Option A

Section 35 concerns contingencies subject to a fixed time, which the parties did not set.

Option B

Section 34 provides a rule for treating future conduct of a living person as impossible. Section 33 supplies the general rule of enforcement for a negative contingency.

Option C

Section 33 permits enforcement when the event whose non-occurrence is stipulated becomes impossible.

Option D

Section 32 deals with enforcement conditioned on the occurrence of the event, while payment here depends on non-appointment.

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