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Simple English definitions for legal terms
negative condition
Read a random definition: res alienari prohibita
A quick definition of negative condition:
A negative condition is when something depends on a certain event happening or not happening. For example, if someone promises to pay for a car repair, but the repair is not done, they don't have to pay. It can also be a rule that says you can't do something, like a tenant not being allowed to sublet their apartment. A condition can be a part of a contract or agreement, and it can be implied or stated explicitly.A more thorough explanation:
NEGATIVE CONDITION
A negative condition is an uncertain event that triggers or negates a duty to perform a promised action. It is a stipulation or prerequisite in a contract, will, or other instrument that constitutes the essence of the instrument. A negative condition forbids a party from doing a certain thing, such as prohibiting a tenant from subletting leased property. It is also known as a restrictive condition.
- If a tenant promises not to sublet the leased property, it is a negative condition that forbids the tenant from subletting the property.
- If a contract states that a payment will be made only if a certain event occurs, it is a negative condition that triggers the duty to make the payment.
These examples illustrate how a negative condition can either prohibit or trigger a duty to perform a promised action.