Legal Definition and Related Resources of Condition

state or mode in which a person or thing exists. In real estate law, the term condition denotes any qualification , restriction or limitation annexed to a gift, and modifying or destroying essentially its full enjoyment and disposal . To be distinguished from a conditional limitation in that in the former, re-entry is necessary, in case of breach , to effectuate forfeiture while in the latter it is not. See De Kay v board of Education of Central school district No. 2, of Towns of Bath, Cameron, etc., 189 N. Y.S.2d 105, 20 Misc.2d881. However, while attempting to distinguish a condition from a covenant courts have sometimes held that a breach of covenant will not per se effect the forfeiture of title , whereas breach of a condition will entitle the grantor to a revesting of title. See Feldman v urban commercial Inc., 165 A.2d 854, 64 N.J. Super. 364. A condition in law, may embrace almost any circumstance , upon which or because of which, a right is created or liability attaches. It may be a condition precedent or subsequent, express or implied . An implied condition is one created by law without any words used by the parties such as a condition in a marine insurance policy that a vessel insured is seaworthy.

In Civil Law, The situation of every person in some one of the different orders of persons which compose the general order of society, and allot to each person therein a distinct, separate rank. Domat, Civ. Law, tom. ii. lib. 1, tit. 9, § i, art. viii. A paction or agreement which regulates that which the contractors have a mind should be done if a case which they foresee should come to pass. Domat Civ. Law, tom. i. lib. 1, tit. 1, § 4. Domat says conditions are of three sorts. The first tend to accomplish the ‘covenants to which they are annexed. The second dissolve covenants. The third neither accomplish nor avoid, but create, some change. When a condition of the first sort comes to pass, the covenant is thereby made effectual. In case of conditions of the second sort, all things remain in the condition they were in by the covenant, and the effect of the condition is in suspense until the condition comes to pass and the covenant is void. Domat, Civ. Law, lib. i. tit. 1, § 4, art. 6 et seq. See Poth Obi. pt. 1, c. 2, art. 1, § 1; Id. pt. ii. c. 3, art. 2.
(1) Casual conditions are such as depend upon accident, and are in no wise in the power of the person in whose favor the obligation is entered into.
(2) Mixed conditions are such as depend upon the joint wills of the person in whose favor the obligation is contracted, and of a third person; as, “If you marry my cousin, I will give,” etc. Poth. Obi.
(3) Potestative conditions are those which are in the power of the person in whose favor the obligation was contracted; as, if I contract to give my neighbor a sum of money, in case he cuts down a tree.
(4) Resolutory conditions are those which are added not to suspend the obligation till their accomplishment, but to make it cease when they are accomplished.
(5) Suspensive obligations are those which suspend the obligation until the performance of the condition. They are casual, mixed, or potestative. In Common Law. The status or relative situation of a person in the state arising from the regulations of society. Thus, a person under twenty-one is an infant, with certain privileges and disabilities. Every person is bound to know the condition of the person with whom he deals. A qualification, restriction, or limitation -modifying or destroying the original act with which it is connected. A clause in a contract or agreement intended to suspend, rescind, or modify the principal obligation, or, in case of a will, to suspend, revoke, or modify the devise or bequest. 1 Bouv. Inst, note 730. A modus or quality annexed by him that hath an estate, or interest or right to the same, whereby an estate, etc., may either be defeated, enlarged, or created upon an uncertain event. Co. Litt. 201a. A qualification or restriction annexed to a conveyance of lands, whereby it is provided that in case a particular event does or does not happen, or in case the grantor or grantee does or omits to do a particular act, an estate shall commence, be enlarged, or be defeated. Greenl. Cruise, Dig. tit. xiii. c. i. § 1. A future uncertain event, on the happening or the nonhappening of which the accomplishment, modification, or rescission of a testamentary disposition is made to depend.
(1) Affirmative conditions are positive conditions. Affirmative conditions implying a negative are spoken of by the older writers, but no such class is now recognized. Shep. Touch. 117.
(2) Collateral conditions are those which require the doing of a collateral act. Shep. Touch. 117.
(3) Compulsory conditions are such as expressly require a thing to be done.
(4) Repugnant or insensible conditions are those inconsistent with the original act.
(5) Consistent conditions are those which agree with the other parts of the transaction.
(6) Copulative conditions are those which are composed of distinct parts or separate conditions, all of which must be performed. They are generally conditions precedent, but may be subsequent. Powell, Dev. c. 15.
(7) Disjunctive conditions are those which require the doing of one of several things. If a condition become impossible in the copulative, it may be taken in the disjunctive. Viner, Abr. “Condition” (S b) (Y b 2).
(8) Single conditions are those which require the doing of a single act only.
(9) Restrictive conditions are such as contain a restraint, as that a lessee shall not alien.
(10) Lawful conditions are those which the law allows to be made.
(11) Unlawful conditions are those which the law forbids.
(12) Independent conditions are those, each of which must be performed without regard to the performance of the others.
(13) Dependent conditions are those the failure of performance of one of which excuses performance of the others.
(14) Express conditions are those which are created by express words. Co. Litt. 32
8. Express conditions are also known as “conditions in deed.”
(15) Implied conditions are those which the law supposes the parties to have had in mind at the time the transaction was entered into, though no condition was expressed. Implied conditions are also known as “covert conditions,” or “conditions in law,” but the latter term is little used by modern writers. 2 Bl. Comm. 155.
(16) Impossible conditions are those which cannot be performed in the course of nature.
(17) Possible conditions are those which may be performed.
(18) Inherent conditions are such as are annexed to the rent reserved out of the land whereof the estate is made. Shep. Touch. 118.
(19) Precedent conditions are those which are to be performed before the estate or the obligation commences, or the bequest takes effect. Powell, Dev. c. 15. A bond to convey land on the payment of the purchase money furnishes a common example of a condition precedent. 9 Cush. (Mass.) 95. They are distinguished from conditions subsequent. If the language of the particular clause or the whole instrument shows that the act upon which the estate depends must be performed before the estate vests, the condition is precedent, but if the act does not necessarily precede the vesting of the estate but may accompany or follow it, the condition is subsequent. 267 111. 107.
(20) Subsequent conditions are those whose effect is not produced until after the vesting of the estate or bequest, or the commencement of the obligation. One by which an interest already vested may be divested, or a contingent interest defeated before vested. 190 111. 207. “Where a condition must be performed before the estate can commence, it is called a ‘condition precedent’; but when the effect of the condition is to enlarge or defeat the estate already created, it is then called a ‘condition subsequent.” 12 Barb. (N. Y.) 440, A condition subsequent determines an estate after breach upon entry or claim by the proper person; as, limitation marks the period which ipso facto determines an estate. 3 Gray (Mass.) 143.

(Contingent provision), 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 witn the land
• condition subsequent
• conditions and exceptions
• conditions and restrictions
• express condition
• implied condition
• sale on condition
• terms and conditions
• warranties foreign phrases: Eaquae dariimpossibilia sunt
• velquae 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
• Conditionesquaelibetodiosae;maxime autem contra matrimonium et commercium
• Any conditions are odious
• but especially those which are in restraint of marriage and commerce
• Proviso estprovidere praesentia etfutura
• nonpraeterita
• A proviso is to provide for the present and the future
• not the past
• Conditio illicita nabetur pro non adjecta
• An unlawful condition is deemed not to be annexed
• Conditiopraecedens adimpleri debet prius quant 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 in Law Enforcement

  Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of condition.

  Condition in Maritime Law

  Note: There is more information on maritime/admiralty law here.

  The following is a definition of Condition, produced by Tetley, in the context of admiralty law: A term of a contract, the breach of which will allow the offended party to demand rescission of the contract (along with damages). See also indeterminate term (see this maritime law term in this legal dictionary) and warranty (see this maritime law term in this legal dictionary).

  Resources

  See Also

  • Law Enforcement Officer
  • Policeman
  • Law Enforcement Agency

  Further Reading

  • condition in A Dictionary of Law Enforcement (Oxford University Press)
  • condition in the Encyclopedia of Law Enforcement
  • A Treatise on the Police of the Metropolis

  English Legal System: Condition

  In the context of the English law, A Dictionary of Law provides the following legal concept of Condition :

  1. A major term of a contract. It is frequently described as a term that goes to the root of a contract or is of the essence of a contract (See also time provisions in contracts); it is contrasted with a warranty, which is a term of minor importance. Breach of a condition constitutes a fundamental breach of the contract and entitles the injured party to treat it as discharged, whereas breach of warranty is remediable only by an action for damages, subject to any contrary provision in a contract (See breach of contract). A condition or a warranty may be either an *express term or an *implied term. In the case of an express term, the fact that the contract labels it a condition or a warranty is not regarded by the courts as conclusive of its status.

  See also innominate terms.

  2. A provision that does not form part of a contractual obligation but operates either to suspend the contract until a specified event has happened (a condition precedent) or to bring it to an end in certain specified circumstances (a condition subsequent). When X agrees to buy Y’s car if it passes its MOT test, this is a condition precedent; a condition in a contract for the sale of goods that entitles the purchaser to return the goods if dissatisfied with them is a condition subsequent.

  Concept of Condition in the context of Real Property

  A short definition of Condition: In real property law, some limiting restriction to a grant or conveyance of property, stating that upon the happening or not happening of a stated event, the estate shall be changed in some manner.

  Concept of Condition in the context of Real Property

  A short definition of Condition: In real property law, some limiting restriction to a grant or conveyance of property, stating that upon the happening or not happening of a stated event, the estate shall be changed in some manner.

  Meaning of Condition in the Past

  An unlawful or illegal condition is one forbidden by law. Unlawful conditions have for their object, lst. to do something malum in se or malum prohibitum; 2d. to omit the performance of some duty needd by law 3d. to encourage such act or omission. 1 P. Wms. 189. When the law prohibits, in exp
  ress terms, the transaction in respect to which the condition is made and declares it void, such condition is then void; 3 Binn. R. 533; but when it is prohibited, without being declared void, although unlawful, it is not void. 12 S. @ R. 237. Conditions in restraint of marriage are odious and are therefore, held to the utmost rigor and strictness. They are contrary to sound policy and by the Roman law were all void. 4 Burr. Rep. 2055; 10 Barr. 75, 350; 3 Whart. 575.[1]

  Resources

  Notes and References

  1. Partialy, this information about condition is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including condition.

  See Also

  Condition in Admiralty Law

  For information on condition in this context, see the entry on condition in the maritime law encyclopedia.

  Condition

  Condition