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Encyclopedia > Condition precedent

An event of state of affairs that is required before something else will occur.


"When I die I will go to heaven." My death is a condition precedent to my going to heaven (although it is also possible in this example for me to go to heaven on the occurrence of other conditions precedent: it is not stated that I will only go to heaven if I die).


See also condition subsequent.


  Results from FactBites:
 
Legal Definition of Condition (1677 words)
Conditions in restraint of marriage are odious and are therefore held to the utmost rigor and strictness.
Whether a condition shall be considered as precedent or subsequent depends not on the form or arrangement of the words, but on the manifest intention of the parties and on the fair construction of the contract.
A repugnant condition is one which is contrary to the contract; as if I grant to you a house and lot in fee, upon condition that you shall not aliene, the condition is repugnant and void, as being inconsistent with the estate granted.
Blackstone's Commentaries - Book the Second - Chapter the Tenth : Of Estates Upon Condition (2092 words)
For the breach of thefe conditions being contingent and uneertain, this uncertainty preferves the freehold
These exprefs conditions, if they be impoffible at the time of their creation, or afterwards become impoffible by the act of God or the act of the feoffor himfelf, or if they be contrary to law, or repugnant to the nature of the eftate, are void.
This is an eftate conditioned to be void, as foon as fuch fum is raifed.
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