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Simple English definitions for legal terms
resolutive condition
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A quick definition of resolutive condition:
A resolutive condition is something that needs to happen in order for a promise or obligation to end. For example, if someone promises to pay for a service, but the service is not completed, the promise to pay is no longer valid. It can also refer to a condition in a contract that must be met for the contract to be fulfilled.A more thorough explanation:
RESOLUTIVE CONDITION
A resolutive condition is an uncertain event that, upon happening, terminates an already enforceable obligation and restores the parties to their original positions. It is a type of condition in a contract that negates a duty to perform a promised action. For example, if a person promises to pay another person $500 for repairing their car, the failure of the repair (an implied or constructive condition) relieves the person of the promise to pay.
- A contract between a buyer and a seller may have a resolutive condition that if the buyer fails to make the payment, the seller can terminate the contract and keep the goods.
- A lease agreement may have a resolutive condition that if the tenant fails to pay rent, the landlord can terminate the lease and evict the tenant.
These examples illustrate how a resolutive condition can terminate an already enforceable obligation and restore the parties to their original positions. If the condition is not fulfilled, the obligation remains enforceable.