SU 2 Chapter 10 - Conditions, Time clauses, Suppositions Flashcards
(16 cards)
What is a condition?
Un uncertain future event to which an obligation can be subjected.
What are the requirements for a condition? (4)
Should relate to a future event
Contain element of uncertainty
Refer to a lawful event
Not be contrary to the nature of the obligation.
What is a Potestative condition?
Imply one of the parties has some control over fulfilment of the condition (they have to do something to meet the condition).
What is a suspensive condition?
Suspend operation of obligation until fulfillment of the condition. E.g. paying someone R10 if it rains tomorrow.
What is a resolutive condition?
Obligation comes into operation immediately, but dissolves when condition is fulfilled. E.g. I sell my house to you on condition I don’t receive a better offer.
What is a casual condition?
Condition which is completely outside the control of other parties. like an earthquake happening.
What is a mixed condition?
Contains element of casual and potestative. E.g. A pays B R100 on condition he marries C
What is a positive condition?
Apply where something positive has to happen for fulfillment of obligation.
What is a negative condition?
Condition fulfils when the event should not happen.
What happens if party interferes with condition by willfully preventing its fulfilment?
law applies the doctrine of fictional fulfillment. This means that the condition is deemed to have been fulfilled, preventing the interfering party from benefiting from their own wrongful actions.
What is a time clause and how does it differ from a condition?
Establishes a future certain event to which the operation of an obligation is subjected.
Differs from conditions, in fat there is certainty future event will occur.
What happens if time clause is in favour of the debtor?
Creditor may not claim any amount until it becomes payable, debtor can also perform beforehand.
What happens if time clause is in favour of the creditor?
He may claim beforehand (demand payment early), but debtor may only perform beforehand in certain circumstances. (Could harm creditors interests such as when payment has interest attached to it)
What happens if supposition (assumption) is wrong?
Obligation falls away.
What is a supposition?
Operation of an obligation is made subject to an event that has already taken place, either past or present. E.g. A buys a plot on supposition that B is owner.
What happens if error in motive occurred, but that motive was made a supposition?
Normally error in motive will not affect validity of contract, but in this case, it will be void.
