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Question
Principle: A condition must have complied in order to claim the benefit of an agreement.
Facts: A agrees to transfer a farm to B, if B shall not go to England within three years after the date of the agreement, his interest in the farm shall cease. B does not go to England within the term prescribed.
Options
B‘s interest in the farm continues
B‘s interest in the farm does not continue
B has a fundamental right to go to England or not to go to England and hence the condition is illegal
The agreement between A and B is void
Solution
B‘s interest in the farm does not continue
Explanation:
B’s interest in the farm does not continue because his interest shall cease is itself the part of the condition. Read the facts. Here you will find that “his interest in the farm shall cease” is a part of the successful fulfillment of the condition.
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2. Consideration is not real if it is illusory.
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III. The good tyre was not listed as an agent within the contract and could therefore not be included as a valid third-party who had rights to claim on the contract.
