The opposite of the condition precedent is the following condition, which defines the conditions that must be met for one of the parties to be able to terminate the contract. Fourth, if the condition is impossible or impossible to fulfil, it will be excused as long as it is not an integral part of the contract. There may also be precedents in the current duration of a contract stating that if condition X occurs, then event Y occurs. Condition X is the condition precedent. The answer to this question depends on the subject matter of the contract. If it is a construction or construction contract or a contract that involves mechanical fitness or commercialization, satisfaction is measured against the appropriate human standard. For example, some problems arise when compliance with a condition precedent is expressly determined by the satisfaction of an individual party. For example: A subsequent condition is a condition that arises after the commencement of the performance obligation and, if fulfilled, releases the performing party from its performance obligation. For example, a later condition can also affect a transaction with a gift. In many states, an engagement ring is considered a gift among the living to which no conditions are attached. However, in some States, it is assumed that its possession depends on the subsequent marriage of the couple involved; So if a woman does not marry the man who gave her the engagement ring, the property returns to her and she must return it to him. In contract law as well as in the case of successions and transfers, suspensive and subsequent conditions may apply.
CONDITION, contracts, wills. In its broadest sense, a condition is a clause in a contract or agreement that has as its object the suspension, cancellation or modification of the principal obligation; or, in the case of a will, suspend, revoke or modify the device or inheritance. 1 Bouv. Inst. No. 730. It is, in fact, in many cases, an agreement in itself; and a sufficient basis as a written agreement, for an equitable invoice that prays for a particular service. 2 peak 826. After the course of the common law, the bond and its state are in some ways considered different things.
1 hour. Representative of Wms. 9 b. Domat gave a definition of a condition quoted by Hargrave with these words: “A condition is any party or agreement that governs what the parties have in mind should be done if a case they foresee occurs.” Co. Litt. 201 s. 2. Conditions sometimes suspend the obligation; as if it were not intended to produce an effect until they had been fulfilled; as if I were committed to paying you a thousand dollars, provided that the ship Thomas Jefferson du Havre arrives in the United States; The contract is suspended until the ship arrives.
3. The condition sometimes withdraws from the contract; because if I sell you my horse, provided that it is alive on the first day of January and that it dies before that hour. (4) A condition may amend the contract; because if I sell you two thousand bushels of corn, provided that my crop produces as much, and that it produces only fifteen hundred bushels. 5. In a less extensive situation, but in a true sense, a condition is a future and uncertain event, the existence or non-existence of which is subject to the performance, modification or cancellation of an obligation or testamentary disposition. 6. There is a clear difference between a condition and a restriction. If an in is usually given, but the gift can be defeated when an uncertain event occurs, the latter is called a condition, but if it is given to be appreciated until the event happens, this is a limitation.
See Restriction; Properties. It is not easy to tell when a condition is considered a covenant and when it is not, or when it will be sacred to be both. Platt on Cov. 71.7. The events provided for in the Conditions are of three types. Some depend on the actions of the people who trade with each other, for example whether the agreement should provide that a partner should not join another partnership. Others are beyond the control of the parties, as if I were selling you a thousand bushels of corn. provided that my harvest is not destroyed by a random event or a case of force majeure. Some depend partly on the contracting parties and partly on force majeure, for example.B. if it is expected that these goods will arrive before a certain day. 8.
A condition may be created by inserting the word condition or condition in the act or agreement; However, there are other words that do it just as effectively, like reservation, if, &c. Bac. From. Conditions, A. 9. The conditions are of different kinds; 1. As regards their form, they shall be express or implied. This division is of feudal origin.
2 Wood. Office. 138. 2. With regard to their purpose, they are legal or illegal; (3) as regards the date on which they take effect, they constitute a precedent or a later date; 4. Due to their nature, they are possible or impossible 5. in terms of functioning, they are positive or negative; 6. is for their divisibility, they are coppulative or disjunctive; 7. as regards their acceptance of the contract, they are consistent or repugnant; 8. as regards their effect, they shall be solvent or suspensive. These are taken into account individually. 10.
An express condition is a condition generated by explicit words; For example, a condition in a lease that if the tenant does not pay the rent on the same day, the landlord can return. Suffered. 328. Empty the re-entry. 11. An implied condition is a condition created by law and not by explicit words; For example, according to the general right to life, the tenant adheres to the implicit condition of not committing waste. Co. Litt.
233, b. 12. A legal or legal condition is a condition made in accordance with the law. This must be understood if the law exists at the time of the creation of the condition, because no change in the law can change the strength of the condition. For example, the beneficiary has obtained a promotion on the condition that he does not receive foreigners before the age of twenty-five. Before acquiring this age, he separated and made a second transfer after receiving it; The first document has been cancelled and the last one valid. When the condition was imposed, twenty-five years was the age of majority in the state; It was then changed to twenty-one. In these circumstances, the condition was declared binding. 3 Mademoiselle, R.
40. 13. An illegal or illegal condition is prohibited by law. The purpose of the illegal conditions is, 1. to do something Malum in se or Malum Prohibitum; 2d. to refrain from fulfilling a legally prescribed obligation 3d. to promote such an act or omission. 1 p. Wms.
189. If the law expressly prohibits and cancels the transaction for which the condition is imposed, that condition is void; 3 bins. R. 533; But if it is prohibited without being declared null and void, even if it is illegal, it is not null. 12 pp. @ R. 237. The conditions for restricting marriage are despicable and are therefore maintained with extreme severity and severity. They are contrary to sound policy and were all void under Roman law. 4 ridges. Rep. 2055; 10 Barr.
75, 350; 3 Whart. 575. 14. A condition precedent is a condition that must be met before the transfer of the estate or before the obligation is fulfilled. 2 Dall. . . . . .