法律英语词汇“condition”的翻译、意思、用法、释义-法律词典

单词

condition

释义

condition

condition a term, usually in a CONTRACT or a unilateral deed like a will, that of itself does nothing but that limits or suspends or pro- vides for the resolution of other terms. A condition precedent is one that must be satisfied before an obligation takes effect. (In Scotland

conditional fee agreement

suspensive condition is the term used.) A condition subsequent destroys the obligation (called a resolutive condition in Scotland).

In English law there is a technical distinction between terms of a contract: conditions, warranties and 'intermediate or innominate terms'. Conditions, if breached, give the right to RESCISSION of the contract and damages; warranties, if breached, give a right to dam- ages only; and conditions in the third category are remedied accord- ing to the factual consequences following the breach.

In Scotland there is no such distinction and the remedies depend upon the materiality of the breach in relation to the contract.

In New Zealand, courts have developed a different structure from that of the English common law in relation to conditional contracts. In England the distinction is between conditions precedent or subse- quent; in New Zealand no particular categorisation is adopted, but commentators have suggested the cases fall into three classes: condi- tions affecting formation of an agreement; conditions required for an agreement to become a contract; and conditions relating to the per- formance of contractual obligations.

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