What is a contingent contract? I= s that =E2=80=9Ctime is an essence=E2=80=9D a contingent contract?
In case where the tenant says he will = only RENT the premises after the landlord has clear the junk - is clearing = of the junks contingent to the tenancy contract?
Yes. S.32 CA50 spells out a =E2=80=9Cc= ontingent contract=E2=80=9D is a contract to do or not to do something, if = some event, collateral to the contract, does or does not happen.
In the above example, when clearing th= e junk does not happen, the tenancy does not form. Thus, clearing of junk i= s contingent to the contract of tenancy.
Then, as =E2=80=9Ctime is an essence= =E2=80=9D is not mentioned, any time of his clearing of the junk can be acc= epted. However, this time is a reasonable time. It cannot be 3 months to cl= ear the junk, so clearing of junk is contingent to the tenancy, and time is= a reasonable time frame.
So, =E2=80=9Ctime is an essence=E2=80= =9D and =E2=80=9Ccontingent=E2=80=9D to a contract is an important determin= ant of a valid contract. Not doing things as promised will lead to invalida= te the contract, especially the promisee (or tenant in the above case) is d= isadvantaged.
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