This form provides a boilerplate contract clause authorizing each party's attorney to give notice on behalf of his or her client.
This form provides a boilerplate contract clause authorizing each party's attorney to give notice on behalf of his or her client.
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For example, a clause stating that a buyer's offer is conditional on the buyer acquiring a neighbouring piece of property would be a true condition precedent, as the act of buying that neighbouring property is entirely dependent upon the will of a third party, in this case the owner of the neighbouring property.
In Real Estate, condition subsequents typically render the agreement void should notice be given. An example for a Condition Subsequent is: Upon receipt of the above notice, this Agreement shall be null and void and the deposit shall be returned to the Buyer in full without deduction.
In law, a condition subsequent is an event, or state of affairs, whose occurrence is automatically construed to terminate the obligation of one party to the other. One example is that, if a man agreed to pay a barber to shave his beard, the barber then failing to do so would terminate the man's obligation to pay.
In a contract, a condition precedent is an event that must occur before the parties are obligated to perform. For example, an insurance contract may require the insurer to pay to rebuild the customer's home if it is destroyed by fire during the policy period. The fire is a condition precedent.
An example of this could be if someone promises to sell his dog to you in one year. However, if the dog passed away before that date, then the entire contract would be rescinded. The condition could modify the contract. An example of this could be if a farmer promises to sell you 100 lbs.
In law, a condition subsequent is an event, or state of affairs, whose occurrence is automatically construed to terminate the obligation of one party to the other. One example is that, if a man agreed to pay a barber to shave his beard, the barber then failing to do so would terminate the man's obligation to pay.
A condition subsequent differs from the similar condition precedents because they take effect after a party has already assumed a duty or after an interest has already vested. These conditions are often found within the fields of contracts and property.
The fulfillment or waiver of the condition precedents, or subject clauses, is normally referred to as ?subject removal.? A common example of a condition precedent is: ?the Buyer's obligation to complete the purchase of the Property is subject to the Buyer being satisfied with the results of a physical inspection of the ...