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LSDefine

Simple English definitions for legal terms

condition precedent

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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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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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