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Simple English definitions for legal terms
condition subsequent
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A quick definition of condition subsequent:
A condition subsequent is a rule that says if something happens, then one person doesn't have to do what they promised anymore. It's different from a condition precedent because it happens after someone has already agreed to do something. This rule is often used in contracts and property. In contracts, it lets people get out of their promises if something bad happens in the future. For example, a trash company might promise to pick up a town's garbage for five years, but only if the amount of garbage doesn't go up by more than 5% each year. If it does, the trash company doesn't have to keep picking up the garbage. In property, a condition subsequent is a rule that lets someone take back their property if something happens. For example, if someone gives their son a piece of land, but says that if he gets divorced, the land goes to their nephew instead, then the son can lose the land if he gets divorced.
A more thorough explanation:
A condition subsequent is an event or situation that, if it happens, will end one party's obligation to the other. It is different from a condition precedent because it takes effect after a party has already taken on a duty or after an interest has already vested. These conditions are often found in contracts and property law.
Contract Example: A trash collection company agrees to collect a town's trash for five years, as long as the total amount of trash does not increase by more than 5% each year. If the town's trash grows by more than 5% in any year during the contract, the condition subsequent will take effect, and the trash collection company will no longer have a duty to collect the town's trash.
Property Example: A grant gives the property Blackacre "to our son, but if he gets divorced, to our nephew." The son's agreement not to divorce is a condition subsequent. At the time the grant is executed, Blackacre transfers to the son. If the son ever gets divorced, the nephew can, but is not required to, exercise their right of entry and seize ownership of Blackacre.
These examples illustrate how a condition subsequent can be used to end a party's obligation or to divest someone of their property rights if a certain event or situation occurs.