What is a condition subsequent?

A condition subsequent is a type of contract law in Virginia that generally states "If X happens, then Y is to be done." The purpose of a condition subsequent is to allow a party to get out of a contract if a certain event occurs. For example, a homeowner may include a condition subsequent in their agreement with a contractor that states that if the contractor does not finish the job by a set date, then the homeowner is not obligated to make full payment to the contractor. In Virginia, conditions subsequent must be spelled out in a contract and must be legally binding and reasonable. Generally, the consideration for the condition subsequent must be clear and understandable. A condition subsequent cannot be vague, ambiguous, uncertain, or impossible to meet. It should also be noted that while conditions subsequent can be used to get a party out of a contract, they are only valid if the other party does not complete the obligations required. In other words, if the other party performs according to the contract, the condition subsequent is not valid. Overall, a condition subsequent is a type of contract law in Virginia that allows a party to revoke their contract with another party if certain conditions are met. By spelling out these conditions clearly in a contract, the parties can ensure that any contractual obligations will be properly enforced.

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