Condition precedent

Condition precedent

Condition precedent refers to an event or state of affairs that is required before something else will occur. In contract law a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty arises.[1]

For instance, in the sentence "Jack will only go to heaven after he has died," the death of Jack is a condition precedent to Jack going to heaven (although it is also possible in this example for the occurrence of other conditions precedent to be needed before Jack goes to heaven: it is not stated that Jack will necessarily go to heaven if he dies).

In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person.

For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty.

Cases

  • Poussard v Spiers and Pond (1876) 1 QBD 410

See also

Notes

  1. ^ Restatement (Second) of Contracts § 224



Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • condition precedent — see condition Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. condition precedent …   Law dictionary

  • condition precedent — conˈdition ˌprecedent noun [countable] LAW a condition in a contract that will only come into force once something stated in the contract happens or becomes true: • The continuing existence of the lease was not a condition precedent to the right… …   Financial and business terms

  • Condition precedent — Precedent Pre*ced ent, a. [L. praecedens, entis, p. pr. of praecedere: cf. F. pr[ e]c[ e]dent. See {Precede}.] Going before; anterior; preceding; antecedent; as, precedent services. Shak. A precedent injury. Bacon. [1913 Webster] {Condition… …   The Collaborative International Dictionary of English

  • condition precedent — A contractual condition that is required to be met before a contract can be completed. (Dictionary of Canadian Bankruptcy Terms) United Glossary of Bankruptcy Terms 2012 …   Glossary of Bankruptcy

  • Condition Precedent — A legal term describing a condition or event that must come to pass before a specific contract is considered in effect or any obligations are expected of either party. There may also be condition precedents in the ongoing life of a contract,… …   Investment dictionary

  • condition precedent — A condition which is precedent either to the existence of a contract (17 Am J2d Contr § 24) or to the inception of an obligation immediately to perform a contract previously made. 17 Am J2d Contr § 321; in the law of estates, a condition which… …   Ballentine's law dictionary

  • condition precedent — noun a condition imposed on an agreement that must be satisfied before property is transferred between parties …   Wiktionary

  • condition precedent — noun : a condition whose fulfillment must precede the vesting of an estate, the taking effect of a contract, or the accruing of a right …   Useful english dictionary

  • condition precedent —    In a contract, an event that must take place before a party must perform or do his or her part. For example, supplies must be delivered to a building site before a contractor is required to start work on a project …   Business law dictionary

  • remainder subject to a condition precedent — See: contingent remainder Category: Wills, Trusts & Estates Nolo’s Plain English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009 …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”