In English law, a condition precedent is a contractual term specifying an event or condition that must occur before a party becomes obligated to perform their contractual duties.
A condition precedent effectively suspends contractual obligations until the specified condition is satisfied. If the condition is not fulfilled, obligations typically do not arise, and the contract may terminate or remain unenforceable.
Recognising conditions precedent helps manage contractual risks, ensures clarity around performance expectations, and avoids disputes relating to unmet preconditions.
A ship's second mate died during the voyage from Jamaica to Liverpool before completing the journey. He had agreed to receive thirty guineas on condition he served the entire voyage. The Court held that as the contract was entire and the condition precedent unfulfilled, his estate could recover nothing.
The Supreme Court has used King Crude Carriers SA v Ridgebury November LLC to settle a long‑running uncertainty: there is no free‑standing English law doctrine by which a contract condition precedent is treated as fulfilled merely because the debtor wrongfully prevented it.
Ship buyers failed to provide documentation to open an escrow account, preventing the lodging of deposits under sale contracts. The Supreme Court held that the Mackay v Dick principle of deemed fulfilment of conditions precedent does not form part of English law. The sellers' remedy was in damages only, not debt.
September 22, 2026
National Case Law Archive
September 22, 2026
National Case Law Archive
September 22, 2026
National Case Law Archive