Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Artificial condition
see condition (5)
Conditio
[Latin] A condition.
Conditio beneficialis, quae statum construit, benigne secundum verborum intentionem est interpretanda; odiosa autem quae statum destruit stricte, secundum verborum proprietatem, accipienda
A beneficial condition that creates an estate ought to be construed favorably, according to the intention of the words; but a condition that destroys an estate is odious and ought to be construed according to the strict sense of the words.
Conditio dicitur cum quid in casum incertum qui potent tendere ad esse aut non esse confertur
It is called a condition when something is given for an uncertain event that may or may not come into existence.
Conditio illicita habetur pro non adjecta.
An unlawful condition is considered unconnected.
Conditio praecedens adimpleri debet prius quam sequatur ejfectus
A condition precedent ought to be fulfilled before the effect can follow.
Condition
n. 1. A future and uncertain event on which the existence or extent of an obligation or liability depends; an uncertain act or event that triggers or negates a duty to render a promised performance. 0 For example, if Jones promises to pay Smith $500 for repairing a car, Smith's failure to repair the car (a condition) relieves Jones of the promise to pay"A condition is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due." Restatement (Second) of Contracts § 224 (1981)."'Condition' is used in this Restatement to denote an event which qualifies a duty under a contract. It is recognized that 'condition' is used with a wide variety of other meanings in legal discourse. Sometimes it is used to denote an event that limits or qualifies a transfer of property. In the law of trusts, for example, it is used to denote an event such as the death of the settlor that qualifies his disposition of property in trust. Sometimes it is used to refer to a term in an agreement that makes an event a condition, or more broadly to refer to any term in an agreement (e.g., 'standard conditions of sale'). For the sake of precision, 'condition' is not used here in these other senses." Id. cmt. a."Strictly, a condition is a fact or event on the occurrence of which some legal right or duty comes into existence; a party may promise that this fact is so, or that the event will take place, but it is equally possible that no party to the contract promises this. An insurance company promises to pay £10,000 to an insured person if his house is destroyed by fire; the destruction of the house by fire is a condition of the insurer's promise to pay, but neither party promises to burn the house." P.S. Atiyah, An Introduction to the Law of Contract 146 (3d ed. 1981).
Conditional
adj. Subject to or dependent condition <a conditional sale>.
Conditional assault
an assault express a threat on condition, such as "your money your life."
Conditional assignment
an assignment of income (such as rent payments or accounts receivable) to a lender, made to secure a loan. The lender receives the assigned income only if the assignor defaults on the underlying loan.
Conditiones quaelibet odiosae; maxime autem contra matrimonium et commercium
Any conditions are odious, but especially those against matrimony and commerce.
De Donis Conditionalibus
An English statute, enacted in 1285, that gave rise to the ability to create a fee tail. - Often shortened to De Donis "[Alfter De Donis, the formula 'to A and the heirs of his body' gave to A an estate known as an estate in fee tail. Because A had no power to transfer an estate in fee simple absolute, it became theoretically possible for persons like O to tie up the ownership of land in a single family for hundreds of years. We say theoretically possible because by 1472 a way would be found for the tenant in tail (as A was called) to transfer an estate in fee simple absolute despite De Donis." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 29 (2d ed. 1984).
Dies incertus pro conditione habetur
An uncertain day is considered as a condition.
Ecclesia fungitur vice minoris; meliorem conditionem suam facere potest, deteriorem nequaquam
The church enjoys the privilege of a minor; it can make its own condition better but not worse.
Fee simple conditional
An estate restricted to some specified heirs, exclusive of others (e.g., "to Albert and his female heirs"). ( The fee simple conditional is obsolete except in Iowa, Oregon, and South Carolina. - Also termed general fee conditional. "The reader should be careful not to confuse this estate with estates having similar labels, such as the 'estate in fee simple subject to a condition subsequent' ...." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 29 n.19 (2d ed. 1984).
In aequali jure melior est conditio possidentis.
When the parties have equal rights, the condition of the possessor is the better.
In pari causa potior est conditio possidentis
When two parties have equal claims, the position of the possessor is the stronger.
In pari delicto melior est conditio possidentis
When both parties are equally at fault, the position of the possessor is the better.
In pari delicto potior est conditio defendentis
Where both parties are equally in the wrong, the position of the defendant is the stronger.
Inesse potest donationi modus, conditio sine causa; ut modus est, si conditio; quia causa.
In a gift there may be manner, condition, or cause; as (ut) introduces a manner; if (si), a condition; because (quia), a cause.
Leges naturae perfectissimae sunt et immutabiles; humani vero juris conditio semper in infinitum decurrit, et nihil est in eo quod perpetuo stare posit
The laws of nature are most perfect and immutable; but the condition of human law is an unending succession, and there is nothing in it that can stand forever.
Lex Angliae nunquam matris sed semper patris conditionem imitari partum judicat
The law of England rules that the offspring always follows the condition of the father, never that of the mother.
Locus pro solutione reditus aut pecuniae secundum conditionem dimissionis aut obligationis est stricte observandus
The place for the payment of rent or money is to be strictly observed according to the condition of the lease or obligation.
Melior est conditio defendentis
The condition of the defendant is the better.
Melior est conditio possidentis et rei quam actoris
Better is the condition of the possessor, and that of the defendant (is better) than that of the plaintiff.
Melior est conditio possidentis, ubi neuter jus habet
Better is the condition of the possessor where neither of the two has the right.
Meliorem conditionem suam facere potest minor, deteriorem nequaquam
A minor can improve or make his condition better, but in no way worse.
Nemo ex suo delicto meliorem suam conditionem facere potest
No one can improve his condition by his own wrong.
Non debeo melioris conditionis esse quam auctor meus a quo jus in me transit
I ought not to be in better condition than the person to whose rights I succeed.
Non debet alteri per alterum iniqua conditio in ferri
An unfair condition ought not to be brought upon one person by the act of another.
Potior est conditio defendentis
Stronger is the condition of the defendant (than that of the plaintiff).
Potior est conditio possidentis
Stronger is the condition of the possessor.
Qui cum alio contrahit, vel est vel debet esse non ignarus conditionis ejus
A party who contracts with another either is or ought to be cognizant of that party's condition. ( Other= wise, he is not excusable. Dig. 50.17.19.
Quum de lucro duorum quaeratur, melior est conditio possidentis
When there is a question of gain (to one) of two parties, the condition of the possessor is the better.
Si plures conditiones ascriptae fuerunt donationi conjunctim, omnibus est parendum; et ad veritatem copulative requiritur quod utraque pars sit vera, si divisim, quilibet vel alteri eorum satis est ob
If several conditions are conjunctively written in a gift, the whole of them must be complied with; and with respect to their truth, it is necessary that every part be true, taken jointly: if the conditions are separate, it is sufficient to comply with either one or the other of them; and being disjunctive, that one or the other be true.
Simplex et pura donatio dici poterit ubi nulla est adjecta conditio nec modus
A gift is said to be pure and simple when no condition or qualification has been annexed.
Unconditional
adj. Not limited by a condition; not depending on an uncertain event or contingency.
Unusquisque debet esse gnarus conditionis ejus cum quo contrahit
Everyone ought to be cognizant of the condition of the person with whom he makes contract.
Verba dicta de persona intelligi debent de conditione personae
Words spoken of the person are to be understood of the condition of the person.
affirmative condition
see positive condition under condition (2)
affirmative condition.
See positive condition.
artificial condition
A physical characteristic of real property, brought about by a person's affirmative act instead of by natural forces.
casual condition
See CONDITION (2J
change of condition
1. Workers' compensation. A substantial worsening of an employee's physical health occurring after an award, as a result of which the employee merits an increase in benefits. 2. Family law. A change of circumstances justifying a modification to a custody, child support, or alimony order. Cf. change of circumstances under CIRCUMSTANCE.
collateral condition
A condition that requires the performance of an act having no relation to an agreement's main purpose.
compulsory condition
A condition expressly requiring that a thing be done, such as a tenant's paying rent on a certain day.
concurrent condition
A condition that must occur or be performed at the same time as another condition, the performance by each party separately operating as a condition precedent; a condition that is mutually dependent on another, arising when the parties to a contract agree to exchange performances simultaneously. - Also termed condition concurrent"Conditions concurrent are acts that the parties to a contract are under duties of performing concurrently, the act of each party being separately operative as a condition precedent. The act is not concurrent with the legal relation affected, but only with the act of the other party." William R. Anson, Principles of the Law of Contract 412-13 (Arthur L. Corbin ed., 3d Am. ed. 1919).
condition concurrent
See concurrent condi. tion under CONDITION (2).
condition implied by law
See constructive condition.
condition implied in law
See constructive con. dition under CONDITION (2). conditioning the market See GUN-JUMPING.