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LSDefine

Simple English definitions for legal terms

condition precedent

Read a random definition: wanlass

A quick definition of condition precedent:

A condition precedent is something that has to happen before something else can happen. For example, if you have insurance for your house, the insurance company will only pay if your house is destroyed by fire. The fire is the condition precedent. In property law, a condition precedent is something that has to happen before someone can own a property. For example, if your parents say they will give you their house when you graduate from college, graduating from college is the condition precedent. If you don't graduate, you don't get the house.

A more thorough explanation:

A condition precedent is a requirement that must be met before a right, claim, duty, or interest can arise. It is different from a condition subsequent, which is a requirement that must be met after a right, claim, duty, or interest has already arisen.

In a contract, a condition precedent might be that a certain event must occur before the parties are obligated to perform. For example, an insurance contract might require the insurer to pay to rebuild a customer's home if it is destroyed by fire during the policy period. The fire is a condition precedent because it must occur before the insurer is obligated to pay.

In property law, a condition precedent might be an event that must occur before a property interest can vest. For example, if parents write a grant that states they grant the property Blackacre "to our son, if he graduates from college by his 21st birthday," graduating from college before the son's 21st birthday is the condition precedent. If the son graduates from college before his 21st birthday, title to Blackacre transfers to him. If the son's 21st birthday comes and he has not yet graduated from college, the interest never vests, and the parents never lose ownership of Blackacre.

Courts prefer to interpret a clause in a contract as a promise rather than a condition precedent to avoid forfeiture. The Second Restatement of Contracts has dropped the term "condition precedent" and simply refers to it as "condition." Conditions precedent are most frequently seen in combination with contingent remainders. Accordingly, conditions precedent are usually subject to the rule against perpetuities, which states that they are invalid unless they must vest, if at all, within 21 years after a relevant life in being.

condition | condition subsequent

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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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