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.
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