| Commentary

21.1 Meaning of condition

| Commentary

21: CONDITIONS PRECEDENT AND SUBSEQUENT

(For conditions precedent and subsequent see Form 21.1 [1357] onwards.)

21.1 Meaning of condition

In an agreement, the word ‘condition’ can have a number of meanings:

  1. (a)

        a contractual provision, breach of which entitles the other party to terminate the contract (that is, a condition distinguished from a warranty);

  2. (b)

        in a more general sense, any type of contractual provision;

  3. (c)

        a condition precedent (or pre-condition); or

  4. (d)

        a condition subsequent.

The last two of these meanings are considered in this section.

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