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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.11 Conditions precedent presumed to have been met

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.11

Conditions precedent presumed to have been met

14.11 Conditions precedent presumed to have been met

(cf SCR Part 15, rule 11; DCR Part 9, rule 7)

If it is a condition precedent necessary for a party's case in any pleading that--

(a) a thing has been done, or
(b) an event has happened, or
(c) a state of affairs exists, or has existed at some time or times, or
(d) the party is ready and willing, or was at all material times ready and willing, to perform an obligation,
a statement to the effect that the condition has been satisfied is taken to be implied in the party's pleading.