TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

true condition precedent [2 records]

Record 1 2013-06-14

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
OBS

Where satisfaction of conditions in a purchase contract depended upon a future uncertain event, the happening of which depends entirely on the will of a third party (for example, approval of a local council to an annexation, or a plan of subdivision, or the acquisition by the purchaser of an adjoining property), such conditions were held by the Supreme Court to be "true conditions precedent", which could not be waived by one of the parties to the contract, even if it could be shown that the condition was inserted for the benefit of that party. (Anger & Honsberger 2nd ed., 1985, p. 1097)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

condition suspensive véritable : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

Save record 1

Record 2 1985-01-16

English

Subject field(s)
  • Law of Contracts (common law)
CONT

No issue concerning waiver arises in the present case, and therefore nothing touches the rule ... that a true condition precedent cannot be waived by either party without express reservation of a power of waiver.

French

Domaine(s)
  • Droit des contrats (common law)

Spanish

Save record 2

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