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Condition Precedent

A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

A contractual condition that suspends the coming into effect of a contract unless or until a certain event takes place.

Also in reference to a events which must occur before being eligible for other legal rights such as in Canada, an immigrant has to pass through the stage of permanent resident before applying for citizenship.

Many residential real estate contracts have a condition precedent which states that the contract is not binding until and unless the property is subjected to an professional inspection, the results of which are satisfactory to the purchaser.

Compare with condition subsequent.

REFERENCES & FURTHER READING

Re Going (DLR, 1951)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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