Condition precedent: Difference between revisions

no edit summary
No edit summary
No edit summary
 
(7 intermediate revisions by the same user not shown)
Line 1: Line 1:
The things you agree to do, or must happen, before the other guy has to do what he said he'd do. Not to be confused with [[consideration]], which is what you give him for doing it.
{{a|glossary|}}The things you agree to do, or that must happen, before the other guy has to do what {{sex|he}} said he'd do.  


So: I agree to lend you my car for ten quid, but before I let you have the keys, you must give proof you have insurance. The ten pounds is consideration; the insurance certificate is a [[condition precedent]].
Not to be confused with [[consideration]], which is what you give {{sex|him}} in return for doing it. So: I will lend you my car for ten quid, but before I give you the keys, you must prove you have insurance. The ten pounds is [[consideration]]; the insurance certificate is a [[condition precedent]].


{{box|
This all reminds me of a story from the [[Jolly Contrarian]]’s youth.  
===The South African credit-linked note and the misunderstood  [[sw-æp]]===
It reminds me of a story from the [[Jolly Contrarian]]’s youth.  
 
It was decades ago, a mild Friday evening in the infancy of the [[credit derivative|credit derivatives]] market. It was all to do with a secured [[note]], [[credit-linked note|credit-linked]] to the republic of South Africa. I had drafted it — elegantly, if I do say so myself — and faxed if off, as one did in those days, to our client, a giant investment bank, and the prospective purchaser. The day’s work done, I was putting my jacket on to leave for the weekend when the phone rang.
 
I turned on my heels and regarded it resentfully. Should I answer?
 
Valour got the better part of discretion, and I did. It turned out to be a partner from that famous derivatives firm<ref>Not famous. It was and, as far as I know, still is, a shipping and marine insurance specialist.</ref> Stephenson Harwood. He announced himself as the prospective client’s solicitor, and told me he had some comments on the [[swap]]. Only he pronounced it “[[sw-æp]]”, to rhyme with “crap”, and not “[[sw-ŏp]]”, to rhyme with chop — something that after [[Noel Edmunds]], you would think no self-respecting British child would ever do, let alone a [[derivatives]] whizz.
 
In any case this chap sent in his mark-up of the, er, [[sw-æp]], and he had rather gone to town on it, in a manner indicating only a passing acquaintance with the derivatives market, but great expertise in the issues arising when one ships things by sea.
 
My supervising partner was an excitable fellow<ref>''Highly'' excitable. To keep a lid on his blood pressure, he retired shortly thereafter and now runs a newsagent in Gillingham.</ref>. I confess it was with a guilty glee that I trotted around and dropped the comments — they were compendious as they were ill-informed  — on his desk, the way an obstreperous child might drop a match into a canister of petrol. It had the anticipated effect. Whilst the young [[JC]] was patiently explaining this setback to our client, represented by a callow but quick young fellow from Dublin in his first year out from Trinity College.
 
“I have never been so outraged”, said my supervisor, his face a deep puce. “I have covered his draft with unprintable words! Obscenities! Words starting with “c” and “p” ...!”
 
There was the most exquisite pause before the young Irishman on the speakerphone interjected:
 
:“[[Conditions precedent]]?”
}}


{{South African CLN}}
{{sa}}
*[[Swap does not rhyme with crap]]
{{egg}}
{{egg}}
{{ref}}
{{ref}}