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A agrees to let a farm to B only if B walks 50 kilometres in an hour. What is the effect of that…

Section 25 of the Transfer of Property Act, 1882 makes an interest fail when it depends on an impossible condition. Illustration (a) applies this rule to a farm lease…

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A agrees to let a farm to B only if B walks 50 kilometres in an hour. What is the effect of that condition on the lease?

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Answer and explanation

Correct answer A

Section 25 of the Transfer of Property Act, 1882 makes an interest fail when it depends on an impossible condition. Illustration (a) applies this rule to a farm lease requiring a person to walk a hundred miles in an hour. The 50-kilometre condition is likewise impossible.

Option feedback

Option A

Correct. The lease depends on an impossible condition and fails under section 25.

Option B

Incorrect. The condition prevents the interest from taking effect.

Option C

Incorrect. Writing and registration cannot cure an impossible condition on which the lease depends.

Option D

Incorrect. The proposition that the lease is void is correct.

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