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What does the principle of cy-près mean for fulfilment of a condition precedent under section 26 of the…

Section 26 treats a condition precedent as fulfilled when it has been substantially complied with. In its first illustration, a marriage with the consent of the two…

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What does the principle of cy-près mean for fulfilment of a condition precedent under section 26 of the Transfer of Property Act, 1882?

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Answer and explanation

Correct answer A

Section 26 treats a condition precedent as fulfilled when it has been substantially complied with. In its first illustration, a marriage with the consent of the two surviving people named in the condition suffices because the third has died. A sincere effort alone does not meet the statutory standard. Section 25 makes an interest fail if it depends on an impossible condition.

Option feedback

Option A

Section 26 treats a condition precedent as fulfilled when it has been substantially complied with.

Option B

Section 26 accepts substantial compliance. The first illustration treats consent from the two surviving persons as sufficient where the third named person has died.

Option C

The condition must be met in substance. A sincere attempt by itself does not fulfil it.

Option D

Section 25 makes the dependent interest fail when its condition is impossible to fulfil.

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