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On the Efficacy of a Conditional Contract

In connection with section 27 of the Contracts (General Part) Law of 1973, Prof. D. Friedmann has dealt with the nature of the conditional contract. In his view a conditional contract is complete, valid and effective, and only differs from an absolute binding contract in its contents. One reason for that he finds in the fact that section 27 does not appear in Chapter One of the Law, which treats of the making of a contract, or in Chapter Two, that deals with avoidance of a contract because of a defect in its making, but in Chapter Three, that is concerned with the form and contents of a contract. To make a contract subject to a condition is certainly not a defect in its making. But the location of section 27 does not of itself yield any of Prof. Friedmann's conclusions. Chapter Three covers contracts which are illegal and therefore invalid (section 30, a propos illegal or immoral contracts, or contracts contrary to public policy) or are at all events void (contracts lacking form ad substantiam, falling within section 23) or contracts that are not enforceable by specific performance or actionable in damages (gaming, betting and lottery contracts, under section 32) or are unjusticiable (contracts for giving marks and the like, regulated by section 33).