Legal Definitions - mixed condition

MIXED CONDITION

A mixed condition is a type of condition in which the existence or extent of an obligation or liability depends on an uncertain event. It can depend on the will of one party and the will of a third person, or on the will of one party and the happening of a causal event. For example, if a person promises to pay another person $500 for repairing a car, the failure of the repairer to fix the car (an implied or constructive condition) relieves the person of the promise to pay.

• A promises to pay B $100 if C agrees to it. The agreement of C is a mixed condition.
• A promises to pay B $100 if it rains tomorrow. The occurrence of rain is a mixed condition.

These examples illustrate how a mixed condition depends on the will of a third party or the occurrence of an uncertain event. If the condition is not met, the obligation or liability may not arise.