The Corondimas principle is still alive and well :. Diggers Development (Pty) Ltd v City of Matlosana : Case no 824/2010. [2011] ZASCA 247

Abstract

It is a trite principle of the law of contract that a condition is an uncertain future event upon which either the commencement of the duty to perform or the contract’s continued existence is made dependent. The effect of a suspensive condition can be summarised as follows (see Otto and Prozesky-Kuschke “General principles of the law of contract” in Nagel (ed) Commercial law (2011) 114–115): A condition is suspensive when the right or duty to performance in terms of a contract is suspended or postponed pending (and thus made dependent upon) the occurrence or non-occurrence of an uncertain future event specified in the contract. Pending the fulfilment of the condition, a contractual relationship indeed exists between the parties. One of the consequences of the existence of a contractual relationship is that neither party can withdraw from the contract and that any additional duty must be performed. Upon fulfilment of the condition, the parties are entitled to performance and obliged to perform. Before fulfilment, performance may not be claimed. If the condition is not fulfilled, the contract is terminated and neither party has to perform. In addition, either party is entitled to the return of anything already performed (see also Hutchison and Pretorius (eds) The law of contract in South Africa (2009) 247–248; Van der Merwe et al Contract general principles (2007) 289–293; Van Rensburg et al “Contract” 5(1) LAWSA (2004) paras 436–437; Kerr The Principles of the law of contract (2002) 446–449 and Christie The law of contract in South Africa (2011) 145 and authorities cited).