48. Conditional contracts generally.

In some circumstances it may be necessary to consider the creation of a conditional contract. The most usual situations in which this will be required are, for example, where the sale is dependent on the grant of planning permission or on the consent of a third party1.

Uncertainty over the effect of the condition or, in some cases as to the validity of the contract itself, makes this type of contract undesirable except in circumstances where no other solution is available2.

Conditional contracts give one or other party the right to withdraw from the contract if the condition to which it