In an interdependent settlement agreement with multiple conditions precedent contingent on third-party decisions, the failure to specify the consequences of non-fulfilment of those conditions may render the agreement void for incompleteness, particularly where the conditions cannot be unilaterally waived and partial performance creates practical complications. The BP Refinery implied terms test cannot save such an agreement where it is impossible to formulate terms so obvious they go without saying because multiple possible outcomes exist (automatic termination, voidability, or postponement). Practitioners drafting heads of agreement to settle complex multi-issue disputes should expressly address the consequences of failure of each condition precedent.
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