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Contract Law!

In my last few weeks of contract! Lecturer threw a curveball at me! And I am pulling a mind blank!

Question is: 3 reasons why a court would regard Clause XX in its present wording as a ‘condition’ of the contract?

Besides the wording of "This is a essential term" and it obviously being a precedent condition I have nothing!

Heres the Clause:

1. The vendor will apply to the Brisbane City Council for the approval of a subdivision of the land into ten lots, in accordance with the draft plan attached to this contract.
2. This contract is subject to approval being obtained from the Brisbane City Council to that subdivision on or before 15 January 2014, to the required work (including roads, kerbing, connecting services) being completed on or before 15 July 2014 and to the plan being registered as a deposited plan with the Land Titles Office on or before 15 October 2014.
3. This is a condition and is an essential term of the contract. In the event of the provisions in this clause not being performed precisely in accordance with the terms specified, including the provisions as to time, the purchaser is entitled to terminate the contract.


Anyone have any ideas?

Would be greatly appreciated!
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Reply 2
Avatar for Daryl142
Daryl142
My counter question would be; why must there be another answer other than the one you have already come up with?
Reply 3
Avatar for Tortious
Tortious
16
Original post by Chickenwin
In my last few weeks of contract! Lecturer threw a curveball at me! And I am pulling a mind blank!

Question is: 3 reasons why a court would regard Clause XX in its present wording as a ‘condition’ of the contract?

Besides the wording of "This is a essential term" and it obviously being a precedent condition I have nothing!

Heres the Clause:

1. The vendor will apply to the Brisbane City Council for the approval of a subdivision of the land into ten lots, in accordance with the draft plan attached to this contract.
2. This contract is subject to approval being obtained from the Brisbane City Council to that subdivision on or before 15 January 2014, to the required work (including roads, kerbing, connecting services) being completed on or before 15 July 2014 and to the plan being registered as a deposited plan with the Land Titles Office on or before 15 October 2014.
3. This is a condition and is an essential term of the contract. In the event of the provisions in this clause not being performed precisely in accordance with the terms specified, including the provisions as to time, the purchaser is entitled to terminate the contract.


Anyone have any ideas?

Would be greatly appreciated!


Is it just looking for you to find three examples of language which indicate that there's a condition precedent?

You've identified one - I'd argue that another is the reference to "subject to approval being obtained". :smile:

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