A contingent contract can be discharged in several ways, including the occurrence or non-occurrence of the contingent event, impossibility of the event, or by agreement between the parties. Section 37 of the Indian Contract Act, 1872, states that the failure of a contingent condition annexed to a contract discharges the condition, but does not necessarily discharge the contract itself. The courts have interpreted this to mean that if the event on which the contract is contingent becomes impossible, the contract is discharged. Additionally, if the parties agree to discharge the contract, it can be done through a separate agreement. For example, if the parties to a contingent contract agree to cancel the contract before the contingent event occurs, the contract is discharged by mutual agreement.
Indian Contract Act, 1872
Section 130
Discharge of Contingent Contracts
Englishहिंदी
⚡ Quick Answer Reference: Section 130 Contract Act
- Provision: Section 130 of Contract Act
- Act: Indian Contract Act, 1872
- Classification: contract
- Jurisdiction: India
Statutory Content
What does Section 130 of Contract Act say?
Indian StandardSection 130, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 130 (India)
Court Pleading StandardSection 130 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/130
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
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Common Questions about Section 130 Contract Act
What is Section 130 of Contract Act?
Section 130 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Discharge of Contingent Contracts". The section states: A contingent contract can be discharged in several ways, including the occurrence or non-occurrence of the contingent event, impossibility of the event, or by agreement between the...
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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Related Concepts
Discharge of ContractsContingent ContractsIndian Contract Act1872Contract Termination