Showing posts with label market sell and lease residential properties. Show all posts
Showing posts with label market sell and lease residential properties. Show all posts

Tuesday, July 15, 2008

Suspensive and resolutive conditions

This is an extract from a court case that you can access through the "Palette" - a Free Resource Guide (Part of the Paint by Numbers programme) to help you attain the FETC: Real Estate - a quick and easy way!

5.2 Suspensive and resolutive conditions
A suspensive condition suspends the operation of all or some of the obligations flowing from the contract until the happening of a future, uncertain event. A resolutive condition, on the other hand, terminates all or some of the obligations flowing from the contract upon the happening of a future and uncertain event. (See R H Christie: The Law of Contract, 4th Edition, at page 159; President Land Trust Ltd v Union Government (Minister of Mines) 1911 AD 615 at 627-628.) Whether a conditional clause in a contract is suspensive or resolutive is a matter of construction. It will depend on the intention of the parties as expressed in the language of the contract. (See: Worman v Hughes and Others 1948 (3) SA 495 (A) at 505; Van Pletsen v Henning 1913 AD 82 at 89; Van Jaarsveld v Coetzee 1973 (3) SA 241 at 244E-F.) The words “subject to” in contractual settings are usually used to denote a suspensive condition, but depending on the context, it could also denote a resolutive condition or simply a material term as opposed to a suspensive or resolutive condition. (Panabourne Properties Ltd v Ramsdon 1996 (1) SA 1182 (A) at 1188A.)

THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) CASE No: 10352/2005 In the matter between: KARTHIGASEN NARAIN (First Applicant) SABASHNEE NARAIN (Second Applicant) and FINEPROPS 1074 CC (Respondent)

In the streets of Johannesburg.

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