constructive condition

constructive condition

A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice.

? The cooperation of the parties to a contract, for example, is a constructive condition.

¡ª Also termed implied-in-law condition; condition implied by law; condition implied in law. Cf. implied-in-fact condition. [Cases: Contracts 220. C.J.S. Contracts ¡ì 355.]


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Carl, Chinese legal translator, specializes in translating legal documents pertaining to complex business disputes.