Chapter III - Of Contingent Contracts
Section 34
Section 34: Future conduct and impossible contingencies
Section 34 explains when a contingency based on a living person's future conduct is treated as impossible. It does not require waiting indefinitely for every theoretical future possibility to disappear.
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Need advice on Section 34?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies.
Illustration
A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible, although it is possible that D may die and that C may afterwards marry B.
Rule and business relevance
Where the relevant act is to occur at an unspecified time, the event becomes impossible when that person does something making the act impossible within any definite time or possible only under further contingencies. The statutory marriage illustration shows that an additional possible future event does not necessarily keep the original contingency open.
Limits and related provisions
A mere delay, doubt or dislike of the likely result should not be substituted for the statutory test. Identify the exact promised event and the person's intervening conduct. Fixed-time contingencies require the separate Section 35 analysis.
Hypothetical business example
Hypothetical: payment depends on a named person taking a specified step at no fixed time. That person enters an incompatible position so the step could occur only if further contingencies arise. The parties examine Section 34 instead of leaving the payment condition unresolved indefinitely.
Practical decision flow
Define the person's future conduct on which the contract is contingent and confirm that no time is specified.
Identify the intervening act and whether it creates the statutory impossibility or further-contingency situation.
Apply the contingent-contract consequences with the actual terms and related provisions.
Check the applicable legal framework
This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.
Practical checklist
Do
- Define the person's future conduct on which the contract is contingent and confirm that no time is specified.
- Identify the intervening act and whether it creates the statutory impossibility or further-contingency situation.
- Apply the contingent-contract consequences with the actual terms and related provisions.
Avoid
- A mere delay, doubt or dislike of the likely result should not be substituted for the statutory test. Identify the exact promised event and the person's intervening conduct. Fixed-time contingencies require the separate Section 35 analysis.
Glossary
- Further contingency
- An additional uncertain event now needed before the original conduct could occur.
- Deemed impossibility
- The statutory treatment of the future event in the circumstances described by Section 34.
Frequently asked questions
Must every imaginable future possibility disappear?
No. The section includes cases where the conduct could occur only under further contingencies.
Does any delay make the event impossible?
No. The person's conduct must meet the statutory test.
Which section deals with a fixed time for the event?
Section 35 separately addresses specified events within fixed periods.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026