Legal Definitions - negative condition

NEGATIVE CONDITION

A negative condition is an uncertain event that triggers or negates a duty to perform a promised action. It is a stipulation or prerequisite in a contract, will, or other instrument that constitutes the essence of the instrument. A negative condition forbids a party from doing a certain thing, such as prohibiting a tenant from subletting leased property. It is also known as a restrictive condition.

• If a tenant promises not to sublet the leased property, it is a negative condition that forbids the tenant from subletting the property.
• If a contract states that a payment will be made only if a certain event occurs, it is a negative condition that triggers the duty to make the payment.

These examples illustrate how a negative condition can either prohibit or trigger a duty to perform a promised action.