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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - disjunctive condition
Definition of disjunctive condition
A disjunctive condition refers to a provision in a legal agreement or document where a particular legal obligation, right, or outcome depends on the fulfillment of *at least one* of two or more specified events or circumstances. In essence, it presents an "either/or" scenario: if any one of the listed conditions is met, the overall condition is considered satisfied, and the associated legal consequence takes effect.
Here are some examples to illustrate this concept:
Employment Contract Bonus: Imagine an employment contract for a sales director that states they will receive an annual performance bonus if "the company's overall revenue increases by 15% or if their sales team exceeds its annual target by 25%."
Explanation: The sales director's right to the bonus is subject to a disjunctive condition. They will receive the bonus if *either* the company's revenue grows by 15% *or* their team surpasses its target by 25%. Only one of these two conditions needs to be met for the bonus to be paid.
Will and Testament Inheritance: A will might stipulate that a specific trust fund will be released to a beneficiary "upon their 30th birthday or upon the successful completion of a postgraduate degree, whichever occurs first."
Explanation: The beneficiary's right to access the trust fund is governed by a disjunctive condition. They will gain access if *either* they turn 30 *or* they earn a postgraduate degree. The first event to occur will satisfy the condition and trigger the release of the funds.
Real Estate Purchase Agreement: A buyer's offer on a house might include a clause stating that the agreement is contingent upon "the buyer securing mortgage approval at an interest rate below 5% or the property appraising for at least the agreed-upon purchase price."
Explanation: The buyer's obligation to proceed with the purchase is subject to a disjunctive condition. If *either* they fail to get a mortgage below 5% *or* the appraisal comes in below the purchase price, the buyer typically has the right to withdraw from the contract without penalty. Only one of these conditions needs to be unmet for the contingency to be triggered.
Simple Definition
A disjunctive condition exists when a legal obligation, right, or outcome depends on the fulfillment of one *or* another of several specified requirements. For the condition to be satisfied, only one of the listed alternatives needs to be met, rather than all of them.