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Principle: an Interest Created, Dependent Upon a Condition Fails, If the Fulfillment of the Condition is Impossible. Facts: a Promises to Pay Rs. Ten Lakh to B on Condition

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Question

Principle: An interest created, dependent upon a condition fails, if the fulfillment of the condition is impossible.

Facts: A promises to pay Rs. Ten Lakh to B on condition that he shall marry A‘s daughter C. At the date on which A gave Rs. Ten Lac to B, C was dead. 

Options

  • B‘s interest fails 

  • B‘s interest fails because of immorality 

  • B‘s interest fails because of prohibition by law 

  • B‘s interest does not fail 

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Solution

B‘s interest fails 

Explanation:

In this case, B’s interest fails because the fulfillment of the condition is impossible. Since A’s daughter C dies, the condition that B marries C for the payment of ₹10 lacs fails. However, it does not fail because of immorality or prohibition by law. 

shaalaa.com
Contract Law
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2018-2019 (May) Set 1

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