Commentary

21.2 Meaning of condition precedent

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)

21.2 Meaning of condition precedent

21.2 Meaning of condition precedent

Contracts are sometimes made on the basis that certain events must take place before the contract will come into effect, for example, a building contract might be made conditional on planning consent being obtained for the building works, or a licensee will only obtain a licence to use a patent if the patent is granted by a country’s patent office. If planning consent is not obtained or the patent is not granted, the contract either will not come into effect, or may be cancelled (depending on how the condition is drafted). This is an example

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