Condition Precedent in UK Law

Leading Cases
  • Cocks v Thanet District Council
    • House of Lords
    • 25 Nov 1982

    Once a decision has been reached by the housing authority which gives rise to the temporary, the limited or the full housing duty, rights and obligations are immediately created in the field of private law. But it is inherent in the scheme of the Act that an appropriate public law decision of the housing authority is a condition precedent to the establishment of the private law duty.

  • McAlpine (Alfred) Plc v BAI (Run-Off) Ltd
    • Court of Appeal (Civil Division)
    • 11 Feb 2000

    I do not myself think that the choice should necessarily lie between a construction which would involve condition 1(a) being a condition precedent, and condition 1(a) simply giving rise to a claim for damages. It seems to me that once a condition such as condition 1(a) is construed as something less than a condition precedent, it will still be important to ascertain precisely what its contractual effect is intended to be and what the effect of a breach of that term will be.

    Thus the correct analysis of condition 1(a) I would suggest should be as follows. Compliance with condition 1(a) is not by the policy made a condition precedent to liability, thus it is not enough for BAI to establish a failure to supply full details as soon as possible in order to resist the claim. That much is conceded.

    Breach of it, however serious, would be unlikely to amount to a repudiation of the whole contract of insurance. Furthermore, it is not a term the breach of which, or any breach of which, would entitle the insured not to pay the claim because that would simply make it a condition precedent. I see no reason why although a term is not a condition precedent so that any breach defeats liability, it cannot be construed as a term where a serious breach defeats liability.

  • Bremer Handelsgesellschaft mbH v Vanden Avenne-Izegem PVBA
    • House of Lords
    • 18 May 1978

    In my opinion the clause may very appropriately and should be regarded as such an intermediate term: to do so would recognise that while in many, possibly most, instances, breach of it can adequately be sanctioned by damages, cases may exist in which, in fairness to the buyer, it would be proper to treat the cancellation as not having effect. On the other hand, always so to treat it may often be unfair to the seller, and unnecessarily rigid.

  • Total Gas Marketing Ltd v Arco British Ltd
    • House of Lords
    • 20 May 1998

    I agree with Mr. Pollock that is important to keep promissory and contingent conditions separate but in my opinion there is a common factor. If the provision in an agreement is of fundamental importance then the result either of a failure to perform it (if it is promissory) or of the event not happening or the act not being done (if it is a contingent condition or a condition precedent or a condition subsequent) may be that the contract either never comes into being or terminates.

  • Mohammed-Holgate v Duke
    • House of Lords
    • 18 Oct 1984

    The Wednesbury principles, as they are usually referred to, are applicable to determining the lawfulness of the exercise of the statutory discretion of a constable under section 2(4) of the Criminal Law Act 1967, not only in proceedings for judicial review but also for the purpose of founding a cause of action at common law for damages for that species of trespass to the person known as false imprisonment, for which the action in the instant case is brought.

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Legislation
  • Arbitration Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......condition precedent to the bringing of legal proceedings in respect of. any matter ......
  • Solicitors Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ......conditions and modifications specified in the Order, and by. the same or any ...be delivered, as a condition precedent to delivery, to give a reasonable. undertaking to supply copies or ......
  • Arbitration Act 1950
    • UK Non-devolved
    • 1 de Enero de 1950
    ......arbitration agreement shall be a condition precedent to the. bringing of an action with respect to any matter to ......
  • Education (School Attendance Targets) (England) (Amendment) Regulations 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ......In regulation 5(1) (Condition precedent) the words "by at. least 3 percentage points" shall be deleted. ......
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Books & Journal Articles
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Law Firm Commentaries
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