Legal Definitions - positive condition

POSITIVE CONDITION

A positive condition is an uncertain event that triggers or negates a duty to perform a promised action. It can be a stipulation or prerequisite in a contract, will, or other instrument, constituting the essence of the instrument. A positive condition requires some act, such as paying rent. It is also known as an affirmative condition.

• If Jones promises to pay Smith $500 for repairing a car, Smith's failure to repair the car (an implied or constructive condition) relieves Jones of the promise to pay.
• A tenant's paying rent on a certain day is a compulsory condition.
• A dangerous condition is a property defect creating a substantial risk of injury when the property is used in a reasonably foreseeable manner.

The examples illustrate how a positive condition can be used in different contexts. In the first example, the failure to repair the car triggers the condition that relieves Jones of the promise to pay. In the second example, the condition of paying rent is mandatory for the tenant to fulfill their obligation. In the third example, a dangerous condition can result in waiver of sovereign immunity.