Sentences with phrase «condition precedent»
The phrase "condition precedent" refers to a requirement or condition that must be met before something else can happen. It means that a specific event or action must take place first before another event or action can occur. It acts as a kind of rule or prerequisite that needs to be fulfilled for something else to follow. Full definition
Payment of back taxes as condition precedent to cancellation of tax certificate held by county.
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The subsection sets out specific conditions precedent for engaging the notice requirement.
The sale is also conditional upon certain conditions precedent, including the customary regulatory approvals.
An applicant who has been convicted of a felony prior to his or her application can not fulfill this statutory condition precedent, and is not eligible to be hired.
Nobody really needs to propose to anyone, as such propositions are no longer conditions precedent to falling in love.
There are further conditions precedent to the court acting, which vary according to the urgency of the situation.
The amendments created a new condition precedent to voting that did not exist before and this, as the trial judge rightly concluded, constituted a facial breach of s. 3.
This recent Commercial Court decision revisits the interpretation of conditions precedent in insurance policies.It also explores the nature of a third party's right under the Third Parties (Rights Against Insurers) Act 1930.
A typical dispute resolution clause can provide in some detail for, amongst other things, conditions precedent under which parties have to negotiate in good faith first before commencing arbitration
The 1999 agreement has a number of Draconian procedural conditions precedent that have no parallel under the Civil Procedure Rules 1998 (CPR) or RTA 1988.
A federal appeals court has ruled on whether a provision found in a commercial property's sales contract conditioning a sale on buyer's environmental approval was an unsatisfied condition precedent which prevented a prospective purchaser from successfully bringing a specific performance contract action.
The order of leave granted ex-parte is as stipulated by Order 40, Rule 3 of the Osun State High Court Civil Procedure Rules, 2008 and is a mandatory condition precedent to bringing the application by the Applicant which application is yet to be filed and served on the Governor.
Following the closing, a binder is prepared which includes all the legal documents, project documents, condition precedent materials from the DOT transaction, and other closing documents.
It's arcane terminology and its structure (replete with abstruse definitions, exclusions of liability, unjustified conditions precedent to liability and excessive notice provisions) resembles an insurance policy a lot more than anything one might recognise as a compensatory scheme for victims.
To form a secret trust, additional conditions precedent must be satisfied (over and above the three certainties or requirements of an express trust: the language of intention, subject of trust property, and trust objects or beneficiaries).
The Hub is an integral part of our practice internationally and works with teams from a wide range of practice areas and offices on over 20 processes, including: commercial contract review; conditions precedent management (for a broad spectrum of financing transactions); e-disclosure; claims management; loan portfolio review; and multi-jurisdictional surveys.
These clauses have been enforced by some courts where the language in the clause makes payment by the owner to the prime contractor an express condition precedent to payment of the subcontractor.
The court concluded that «having successfully claimed that mediation was a required condition precedent to the filing of this action, the defendant may not now be heard to say that the delay specifically caused by the pendency of that very proceeding has resulted in the running of the statute of limitations.»
Implication Of Shared Representation Did Not Work On Mediation Conditions Precedent Requirement.
As the Federal Court Trial Division put it in words that were endorsed by the Federal Court of Appeal: «The essential condition precedent to the issuance of the notice is that the respondent has reason to believe the disclosure of the record might be contrary to his obligation under section 20 not to disclose records»
Banking lawyers across A&O now have access to the tech platform's automated conditions precedent (CP), bible creation and issue tracking processes, saving time and cost, and enabling them to spend their time on higher value, strategic legal work.
The agreement was voided because the assumption of the first mortgage was a true condition precedent and had not been waived by both parties.
The Court of Appeal held that the chambers judge erred by ordering that these payments be conditions precedent for the return of the child.
Francesca has experience advising insurers on insurance coverage, recent notable cases involved material non-disclosure at policy inception and declinature for breach of condition precedent.
The closing is subject to fulfilment of certain condition precedents.
They also contain a plethora of unjust knock - out clauses for a variety of specious procedural conditions precedent that relieve the motor insurers from any liability to compensate a hapless victim.
Because of a prior conviction, the teacher in this case could not fulfill the statutory condition precedent to employment and the school board lacked authority to hire her, or to make a continuing contract with her the following year.
Perth gold explorer Emmerson Resources has completed raising $ 1.87 million through a 49 million share placement to Evolution Mining, satisfying all conditions precedent to the joint venture agreement.
The three U.S. states that legislatively legalized assisted suicide — Oregon, Washington, and Vermont — do not require irremediable agony as a condition precedent to allowing doctor - prescribed death.
If one party no longer does, that party has breached what lawyers call a «condition precedent»: the essential promise by which the other party's agreement was secured.
f) A Declaration that each of the Applicant's «right to vote and entitle [ment] to be registered as a voter for the purposes of public elections and referenda» in light of the Act 699 and said various laws and legal instruments is not subject to any condition precedent aside the article 42 age and sanity of mind criteria;
This proposal would remove all of the conditions precedent for absentee ballots and allow voters to request an absentee ballot as an alternative to in - person voting.
The 1995 Quebec independence referendum was the second referendum to ask voters in the Canadian French - speaking province of Quebec whether Quebec should proclaim national sovereignty and become an independent country, with the condition precedent of offering a political and economic agreement to Canada.
The judge also declared «the premature retirement of NEMA spokesperson by the Federal Government without conducting any investigation, without giving him an opportunity to defend himself and without complying with the condition precedent for retirement is contrary to section 36 of the 1999 Constitution and therefore illegal, unlawful, unconstitutional and null and void.»
«Practically speaking, however, this condition precedent created uncertainty in the real estate development community and ultimately led to the Revised 421 - a Law not taking effect.»
PDP National Legal Adviser, Olusola Oke, who represented the party, maintained that «oath is a condition precedent to becoming a governor».
He urged the court to reject it for failure to meet the conditions precedent for its admissibility.
It follows their inability to meet the conditions precedent to the issuance of a final license.