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A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists. [1] In estate and trust law, it is a ...
More commonly rendered in English as "All other things being equal." / ˌ s ɛ t ər ɪ s ˈ p ær ɪ b ə s / compos mentis: having command of mind Of sound mind. Also used in the negative "Non compos mentis", meaning "Not of sound mind". / ˈ k ɒ m p ɒ s ˈ m ɛ n t ɪ s / condicio sine qua non: A condition without which it could not be
In legal matters, " but-for ", " sine qua non ", causa sine qua non, [9] or " cause-in-fact " causation, or condicio sine qua non, is a circumstance in which a certain act is a material cause of a certain injury or wrongdoing, without which the injury would not have occurred. It is established by the "but-for" test: but for the act having ...
Contract law. A contractual " [a]ny provision forming part of a contract" [1] Each term gives rise to a contractual obligation, breach of which can give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2]
Precedent. Precedent is a principle or rule established in a legal case that becomes authoritative to a court or other tribunal when deciding subsequent cases with similar legal issues or facts. [1][2][3] The legal doctrine stating that courts should follow precedent is stare decisis (Latin, lit. 'to stand by things decided').
A contractual term is "any provision forming part of a contract ". [1] Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of ...
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract [1] and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation ...
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. [2] The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the ...