Best Efforts or Whim and Fancy Conditions #163

Legally Speaking

By Gerry NeelyB.A., LL.B. The subject of conditional offers and their enforceability continues to confound licensees and lawyers alike. The difficulty lies in failing to recognize the distinction between conditional clauses which require the approval of someone other than the purchaser or the vendor, and those conditional clauses, which, as one judge said, are subject only