- condition
-
con·di·tion 1 n1: an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract; also: a clause in the instrument describing the act or event and its effectconcurrent condition: a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another partycondition implied in law: constructive condition in this entrycondition precedent /-pri-'sēd-ənt, -'pre-sə-dənt/: a condition that must be fulfilled before performance under a contract can become due, an estate can vest, or a right can become effectivecondition subsequent: a condition whose fulfillment defeats or modifies an estate or right already in effect or vested or discharges an already existing duty under a contractconstructive condition: a condition created by operation of law – called also condition implied in law; compare express condition in this entryexpress condition: a condition created and explicitly stated by the parties to a contract compare constructive condition in this entrypotestative condition /'pō-tes-ˌtā-tiv/ in the civil law of louisiana: a condition whose fulfillment was completely within the power of the obligated party◇ article 1770 of the louisiana civil code eliminates the term potestative condition, stating that suspensive conditions which depend on the whim of the obligated party make the obligation null, and that resolutory conditions which depend on the will of the obligated party must be fulfilled in good faith.resolutory condition /ˌre-zə-'lü-tə-rē-, ri-'zäl-yu̇-ˌtōr-ē-/ in the civil law of louisiana: a condition that upon fulfillment terminates an already enforceable obligation and entitles the parties to be restored to their original positions see also potestative condition in this entrysuspensive condition in the civil law of louisiana: a condition which must be fulfilled before an obligation is enforceable see also potestative condition in this entry2: a state of beinga latent defective condition3: one of the rights or obligations of the policyholder or the insurer set forth in an insurance policyconditional adjconditionally advcondition 2 vt conditioned, conditioning: to make subject to conditionsthe sale...was orally conditioned upon approval of the patent — j. d. calamari and j. m. perillo
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- condition
-
I
(contingentprovision) noun
article, clause, condicio, contractual terms, desideratum, essential provision, exception, final terms, limitation, obligation, pact, postulate, postulation, prerequirement, prerequisite, prescription, presumption, presupposition, promise, provision, proviso, qualification, regulation, requirement, requisite, reservation, restriction, rule, ruling, specification, stated term, stipulation, supposal, supposition, term, ultimatum, uncertain event
associated concepts: cause, condition implied in law, condition of employment, condition precedent, condition running with the land, condition subsequent, conditions and exceptions, conditions and restrictions, express condition, implied condition, sale on condition, terms and conditions, warranties
foreign phrases:
- Ea quae dari impossibilia sunt, vel quae in rerum natura non sunt, pro non adjectis habentur. — Those things which can not be given, or which are not in the nature of things, are regarded as not included in the agreement- Conditiones quaelibet odiosae; maxime autem contra matrimonium et commercium. — Any conditions are odious, but especially those which are in restraint of marriage and commerce- Proviso est providere praesentia et futura, non praeterita. — A proviso is to provide for the present and the future, not the past- Conditio illicita habetur pro non adjecta. — An unlawful condition is deemed not to be annexed- Conditio praecedens adimpleri debet prius quam sequatur effectus. — A condition precedent must be fulfilled before the effect can follow- Conditio dicitur, cum quid in casum incertum qui potest tendere ad esse aut non esse, confertur. — It is called a "condition", when something is given on an uncertain event, which may or may not come into existence- Conditio beneficialis quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem. quaestatum destruit, stride secundum berborum proprietatem accipienda. — A beneficial condition, which creates an estate, ought to be interpreted favorably, according to the intention of the words; but a condition which destroys an estate is odious, and ought to be construed strictly according to the letter.II (state) noun appearance, aspect, character, circumstance, complexion, condicio, crasis, grade, habitude, look, plight, position, posture, predicament, quality, rank, shape, situation, state of being, station, status, temperament, tenor associated concepts: dangerous condition, emergency condition, financial condition, good operating condition, physical condition III index aspect, attornment, case (set of circumstances), clause, climate, discipline (train), disease, disorder (abnormal condition), frame (mood), health, inure (accustom), limitation, modify (moderate), plight, position (situation), posture (situation), practice (train by repetition), predicament, prerequisite, provision (clause), quality (grade), repair, reservation (condition), restriction, salvo, sine qua non, situation, specification, status, stipulation, term (provision), ultimatum
Burton's Legal Thesaurus. William C. Burton. 2006
- condition
-
n.Something that must happen or be the case before something else can happen; a prerequisite.adj.conditional
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- condition
-
a term, usually in a contract or a unilateral deed like a will, that of itself does nothing but that limits or suspends or provides for the resolution of other terms. A condition precedent is one that must be satisfied before an obligation takes effect. (In Scotland suspensive condition is the term used.) A condition subsequent destroys the obligation (called a resolutive condition in Scotland).In English law there is a technical distinction between terms of a contract: conditions, warranties and 'intermediate or innominate terms'. Conditions, if breached, give the right to rescission of the contract and damages; warranties, if breached, give a right to damages only; and conditions in the third category are remedied according to the factual consequences following the breach.In Scotland there is no such distinction and the remedies depend upon the materiality of the breach in relation to the contract.In New Zealand, courts have developed a different structure from that of the English common law in relation to conditional contracts. In England the distinction is between conditions precedent or subsequent; in New Zealand no particular categorisation is adopted, but commentators have suggested the cases fall into three classes: conditions affecting formation of an agreement; conditions required for an agreement to become a contract; and conditions relating to the performance of contractual obligations.
Collins dictionary of law. W. J. Stewart. 2001.
- condition
-
A term or requirement stated in a contract whose occurrence or nonoccurrence determines the rights and duties of the parties to the contract. (See also: concurrent condition, condition precedent, condition subsequent)Category: Business, LLCs & Corporations
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- condition
-
A term of a contract which is of such vital importance that it goes to the root of the transaction; essentially it is a major term of the contract. Breach of a condition gives rise to the claimant's right to terminate the contract (treat the contract as discharged) and claim damages for any loss.Related links
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
- condition
-
n.1 A prerequisite or stipulation in an instrument.2 A future and uncertain event, fact, or circumstance whose existence or occurrence is necessary for the existence or determining the extent of an obligation or liability.See also estate, fee simple.@ concurrent conditionA condition precedent that must exist, occur, or be performed at the same time as another, but separate, condition before a duty or obligation arises.@ condition precedentA condition (other than lapse of time) that must exist, occur, or be performed before a liability or obligation arises.@ condition subsequentA condition that, if it occurs or comes into existence, will extinguish a duty or obligation.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- condition
-
A future and uncertain event upon the happening of which certain rights or obligations will be either enlarged, created, or destroyed.
Dictionary from West's Encyclopedia of American Law. 2005.
- condition
-
A future and uncertain event upon the happening of which certain rights or obligations will be either enlarged, created, or destroyed.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- condition
-
n.a term or requirement stated in a contract, which must be met for the other party to have the duty to fulfill his/her obligations.
Law dictionary. EdwART. 2013.
