Condition Subsequent Law and Legal Definition

A condition subsequent is a condition that if performed or existing will excuse performance by another. The term is used in contract law to excuse a party from performing upon the nonoccurrence or existence of the condition. A condition subsequent is an act or event, not certain to occur, which if it occurs discharges a duty of performance which has already arisen. It refers to a future event, upon the happening of which the obligation becomes no longer binding upon the other party if that party chooses to apply that condition. It is opposed to a condition precedent, which is a condition which is to be performed before some right dependent thereon accrues or some act dependent thereon is performed.