412
In forcePleadings—conditions precedent
Chapter 2Civil proceedings generally
Part 2.6Pleadings
Division 2.6.2Rules of pleading
412 Pleadings—conditions precedent
(1)
An allegation of the performance or happening of a condition precedent necessary for a party’s case is implied in the party’s pleadings.
(2)
A party who denies the performance or happening of a condition precedent must specifically plead the denial.
Examples of conditions precedent
1 a thing has been done
2 an event has happened
3 a state of affairs exists, or has existed at some time or times
4 the party is ready and willing, or was at all relevant times ready and willing, to perform an obligation
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