Condition precedent (CP) refers to an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty arises.
For instance, in the sentence "Jack will only go to heaven after he has died," the death of Jack is a condition precedent to Jack going to heaven (although it is also possible in this example for the occurrence of other conditions precedent to be needed before Jack goes to heaven: it is not stated that Jack will necessarily go to heaven if he dies).
In estate and trust law, it is a provision in a will or trust that prevents the vesting of a gift or bequest until something occurs or fails to occur, e.g. the attainment of a certain age or the predecease of another person.
For comparison, a condition subsequent brings a duty to an end whereas a condition precedent initiates a duty.
Read more about Condition Precedent: Cases
Famous quotes containing the words condition and/or precedent:
“If we will admit time into our thoughts at all, the mythologies, those vestiges of ancient poems, wrecks of poems, so to speak, the world’s inheritance,... these are the materials and hints for a history of the rise and progress of the race; how, from the condition of ants, it arrived at the condition of men, and arts were gradually invented. Let a thousand surmises shed some light on this story.”
—Henry David Thoreau (1817–1862)
“I have resolved on an enterprise that has no precedent and will have no imitator. I want to set before my fellow human beings a man in every way true to nature; and that man will be myself.”
—Jean-Jacques Rousseau (1712–1778)