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Legal Definitions - lawful condition

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Definition of lawful condition

A lawful condition refers to a stipulation or requirement within a legal agreement, contract, or other legal instrument that is itself permissible under the law. For a condition to be considered lawful, it must not violate any statutes, regulations, or established public policy. If a condition is unlawful, it may be deemed unenforceable by a court, potentially invalidating the specific provision containing the condition or, in some cases, the entire agreement.

  • Example 1: Real Estate Purchase Agreement

    Imagine a contract for the sale of a house that includes a clause stating the purchase is conditional upon the buyer successfully selling their current home within 60 days. This is a common and lawful condition in real estate transactions.

    Explanation: This condition is lawful because it is a standard, legally recognized contingency that allows parties to manage the risks associated with buying and selling property. It does not violate any laws or public policy. If the buyer fails to sell their current home within the specified timeframe, the contract can be legally terminated without penalty, as the lawful condition was not met.

  • Example 2: Business Operating Permit

    A local government issues a permit for a new factory to operate, but the permit includes a condition that the factory must install specific air filtration systems to meet environmental emissions standards. This is a lawful condition.

    Explanation: This condition is lawful because governmental bodies have the authority to impose reasonable requirements to protect public health and the environment. The requirement to install air filtration systems aligns with environmental laws and regulations, making it a legally enforceable stipulation for the factory's operation.

  • Example 3: Employment Offer

    A company extends a job offer to a candidate for a position requiring driving, but the offer is conditional upon the candidate possessing a valid driver's license and maintaining a clean driving record. These are lawful conditions.

    Explanation: These conditions are lawful because they are directly related to the legitimate requirements of the job and do not violate employment laws or public policy. Employers can legally require qualifications and standards that are essential for performing the job safely and effectively. If the candidate fails to meet these conditions, the job offer can be legally withdrawn.

Simple Definition

A lawful condition is a stipulation or requirement within a legal agreement or obligation that is permissible and enforceable under the law. It refers to a future event or circumstance that must occur or be met, and which is not illegal, impossible, or contrary to public policy.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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