What is a true condition precedent?

British Columbia, Canada

The following excerpt is from Ortiz v. Shokar, 2018 BCPC 305 (CanLII):

In Zhilka v. Turney, 1959 CanLII 12 (SCC), [1959] SCR 578, Judson J. defined a true condition precedent in the following terms at para. 11: 11 . . . the obligations under the contract, on both sides, depend on a future uncertain event, the happening of which depends entirely on the will of a third party . . . This is a true condition precedent – an external condition upon which the existence of the obligation depends. Until the event occurs there is no right to performance on either side.

Other Questions

Can a condition precedent be waived if the buyer of a property arranged financing on or before 30th November 1975? (British Columbia, Canada)
What are the conditions of a conditional discharge for common assault? (British Columbia, Canada)
How have conditions precedent been interpreted in real estate law? (British Columbia, Canada)
Is a condition precedent binding in a real estate transaction? (British Columbia, Canada)
What is the effect of a condition precedent on a contract? (British Columbia, Canada)
Is a condition precedent that requires the vendor to pay the survey costs of the surveyor valid? (British Columbia, Canada)
Are judicial review proceedings a condition precedent to a damages action for abuse of power? (British Columbia, Canada)
What is the "condition" of a marriage? (British Columbia, Canada)
Can a Strata be ordered to pay to restore a strata lot to paint ready condition where it has repaired or repaired CP units that were deliberately removed to resolve CP issues? (British Columbia, Canada)
Is a nurse’s note of observations of a patient's condition admissible in evidence? (British Columbia, Canada)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.