Meaning & use

condition subsequent

noun·Advancedlegallawformal

Last updated

UK/kənˌdɪʃən ˈsʌbsɪkwənt/
US/kənˌdɪʃən ˈsʌbsɪkwənt/

Meanings

  1. nouncountablelegallawformal

    A contract term that ends a duty or right if a stated event happens after the agreement starts.

    Grammar: Countable: use 'a condition subsequent' or 'conditions subsequent'. It often follows 'on' or 'subject to'.

    Patterns

    • a condition subsequent to something
    • subject to a condition subsequent
    • on the occurrence of a condition subsequent

    The lease contains a condition subsequent: if the tenant stops paying rent, the landlord may end the agreement.

    The gift was subject to a condition subsequent, so the property returned to the family if the buyer sold it within five years.

    Lawyers often draft conditions subsequent to protect a party after the deal has closed.

  2. nouncountablelegallawspecialist

    In property law, an event that, once it occurs, allows a party to reclaim or end an interest already granted.

    Grammar: Countable and usually used in the singular in this sense. It often appears with 'create', 'include' or 'satisfy'.

    Patterns

    • create a condition subsequent
    • include a condition subsequent in a contract
    • satisfy a condition subsequent

    The deed created a condition subsequent that allowed the original owner to take back the land.

    If the condition subsequent is not met, the buyer keeps the property.

    The court had to decide whether the clause was a condition subsequent or a mere promise.

Word forms

pluralconditions subsequent

Common combinations

subject to a condition subsequent
The agreement is subject to a condition subsequent that the buyer obtains financing.
create a condition subsequent
The parties created a condition subsequent to protect the seller.
satisfy a condition subsequent
The tenant satisfied the condition subsequent by paying the outstanding rent.
breach of a condition subsequent
A breach of a condition subsequent can end the contract automatically.

Synonyms and how they differ

condition precedent
This is the opposite: it must happen before a duty starts, while a condition subsequent ends a duty after it has started.
resolutory condition
A less common term for a condition that ends an obligation; it is used in some legal systems but is rarer in everyday legal English.

Opposites

condition precedent

Word family

condition noun
A general term for a term or requirement in a contract.
subsequent adjective
Coming after something else in time.

Commonly confused: condition subsequent or condition precedent?

condition subsequent vs condition precedent

A condition precedent must be fulfilled before a duty arises; a condition subsequent ends a duty after it has already arisen. Learners often mix them up.

Practice

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