Warning

Info

LSDefine

Simple English definitions for legal terms

condition precedent

Read a random definition: custody evaluation

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

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
17:13
Anyone going to the UGA zoom thing on the 22nd?
17:16
My bad, 24th*
Idk, what's it for?
@Law-Guy: How'd you get the Vandy fee waiver?
17:32
What does going ur3 in 3 days mean at Uva 😅
that you will get UR2 in 3 more
17:33
somethings gotta give
I’m new. What’s the UR and UR2?
17:35
I already went ur2. It’s the 3rd status date change
17:35
@RustyWrangler: attend one of their virtual info sessions and they'll send you a fee waiver
@Law-Guy: Awesome, thanks! I'll sign up rn!
i'm not entirely sure
They've recently been sending a lot of interview invites
It means status change?
17:47
Someone said there is a wl/r wave coming but how can that even be predicted 😭
17:48
Where?
LSD+ is ad-free, with DMs, discounts, case briefs & more.