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Suspensive conditions

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Agreement cannot be revived which lapses when suspensive conditions not fulfilled

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on January 13, 2025

In a January 2025 judgment the Supreme Court of Appeal again affirmed the principle that where an agreement lapses automatically because of the failure to fulfil the suspensive terms of the contract, the lapsed contract cannot be amended or revived. The parties have to enter into a new agreement.

It was a condition of a…

Posted in Insurance

Suspensive conditions: when do the courts look at the intention of the parties

Photo of Izak Lessing
By Izak Lessing on November 15, 2024

This blog was co-authored by Hannah Howell, Candidate Attorney.

In October 2024 the Supreme Court of Appeal ruled that an agreement for the purchase of immovable property could not be revived by an addendum to the existing agreement. A new agreement is required subsequent to the lapse of a suspensive condition contained in the agreement.

Posted in General

Sale subject to unfulfilled suspensive conditions is not a sale

Photo of Patrick Bracher (ZA)
By Patrick Bracher (ZA) on September 3, 2015

In a dispute over the right to develop a property the developer claimed a right in terms of an agreement of sale that contained a number of suspensive conditions that had not been met. In these circumstances a party cannot enforce any rights arising from the agreement.

The agreement of sale was subject to conversion…

Posted in General

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Norton Rose Fulbright’s financial institutions team provides straightforward legal updates. Our lawyers offer local insights with an international perspective recognised worldwide. This blog focuses on the South African market and is about sharing knowledge with you. Blog posts are not legal advice.

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