n Without Prejudice - Conditions precedent : at what stage may fulfilment be waived?




Suspensive conditions render the operation and consequences of an agreement subject to the occurrence or not, of an uncertain future event. A suspensive condition can only be waived before the period to fulfil the condition has lapsed. If the period has elapsed without the conditions being fulfilled, there will be no contract in place and nothing to waive. The Supreme Court of Appeal's judgement in [2011] ZASCA 20 (17 March 2011) has confirmed these provisions.


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