Condition Precedent in UK Law

  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Diciembre 1961
    ... ... the diesel engines and other machinery were in reasonably good condition on the 13th February, 1957, he found that by reason of their age the ... could be regarded as conditions of the contract or conditions precedent to a charterer's liability and justify in themselves a cenosLlation or ... ...
  • Heyman v Darwins Ltd
    • House of Lords
    • 20 Febrero 1942
    ... ... amount of any loss or damage" and provided that "it shall be a condition precedent to any right of action or suit upon this policy that the award ... ...
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 Marzo 2011
    ... ... At para 69, the court said: "The condition that there be no arbitrariness further demands that both the order to ... (section 2(4) of the Criminal Law Act 1967)) made it a "condition precedent" that the constable should have reasonable cause to suspect the person to ... ...
  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968
    ... ... the limits of its duties and powers? Were there any conditions precedent which had to be satisfied before its functions began? If there were, was ... of a tribunal is made dependent upon or subject to some condition. Parliament may enact that if a certain state of affairs exists then there ... ...
  • Scammell (G.) & Nephew Ltd v Ouston (H. C. & J. G.)
    • House of Lords
    • 16 Diciembre 1940
    ... ... for the sale and purchase of a motor-car, subject to the condition that the contract ceased to be binding if the finance for the purchase ... that they are not an attempt to impose a new condition, whether precedent or subsequent, but are merely a reminder of the common intention of the ... ...
  • Evans v Bartlam
    • House of Lords
    • 30 Abril 1937
    ... ... of appearance, and if thought fit to impose such terms, as a condition of the setting aside, as may be just ... 11 It was argued by counsel ... other words that the proof of those two matters was a condition precedent to the existence or (what amounts to the same thing) to the exercise of ... ...
  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abril 1973
    ... ... ( b ) It shall be condition of this Agreement that:— (i) Sales shall send its ... to make the literal fulfilment of such a thing a condition precedent, it will be one." ... 19 In the present case it ... ...
  • Charter Reinsurance Company Ltd v Fagan
    • House of Lords
    • 22 Mayo 1996
    ... ... of satisfaction by Charter under the inward policies was not a condition precedent to the liability of the syndicates. Within a very few months it ... ...
  • Anisminic Ltd v Foreign Compensation Commission
    • Court of Appeal (Civil Division)
    • 22 Marzo 1967
    ... ... They did not fail in regard to any condition precedent to their adjudication ... 14 I do not question Mr. Justice ... ...
  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 Julio 1974
    ... ... is granted to the Crown no undertaking can be required as a condition of granting it. It is not in doubt that in an ordinary litigation the ... in which it was made, the application of the doctrine of precedent has the consequence of enabling the benefit of it to accrue to all other ... ...
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