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condition precedent

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condition precedent n. 1) in a contract, an event which must take place before a party to a contract must perform or do their part. 2) in a deed to real property, an event which has to occur before the title (or other right) to the property will actually be in the name (vest) of the party receiving title. Examples: if the ship makes it to port, the buyer agrees to pay for the freight on the ship and unload it; when daughter Gracella marries she shall then have full title to the property. (See: condition)



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A condition is not only regarded as a condition precedent if the policy clearly describes it as such; it will also be treated as one if the courts are satisfied that both parties had intended it to be one.
According to the court,"[t]he focus is on the obligation created at the time of the transaction" The Service, on the other hand, argued that the taxpayer's obligation was subject to a condition precedent and, thus, was not a loan.
And the process of requiring mediation as a condition precedent to arbitration allows the parties to better understand each other's position before ultimately submitting the dispute to a binding decision.
 
 
 
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