| Commentary

41 Conditions precedent

| Commentary

41 Conditions precedent1

  1. 41.1

        Is there a circumstance or situation that needs to occur before the main operative provisions can commence?

  2. 41.2

        Is the circumstance or situation:

    1. 41.2.1

          clearly described or referenced?

    2. 41.2.2

          to occur:

      1. (a)

            within a set time2, or

      2. (b)

            without a time being specified?

  3. 41.3

        Must a party do anything to ensure that the condition precedent is met3?

    1. 41.3.1

          What level of endeavour must the party use?

    2. 41.3.2

          Are the particular activities that the party must carry out specified?

    3. 41.3.3

          What is to happen if the party fails to carry out

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