Commentary

21.5 Drafting points---conditions precedent and subsequent

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

21.5 Drafting points---conditions precedent and subsequent

| Commentary

21.5 Drafting points---conditions precedent and subsequent

The following points need consideration when drafting conditions precedent and subsequent:

  1. (a)

        Is the condition so vague that it is void for uncertainty? A condition providing: ‘This sale is subject to the purchaser obtaining a satisfactory mortgage’ was held to be void for uncertainty1. As a result, the contract was void.

  2. (b)

        If a condition is not met, does the clause containing the condition or the agreement state clearly whether it is the entire agreement or only certain clauses that do not come into effect (or, in the case of conditions subsequent, cease to

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial