Failure of Conditions Precedent as an Affirmative Defense The affirmative defense of “Lack of conditions precedent” is sometimes referred to as “failure of conditions precedent”. A condition precedent is defined as a condition or an event that must occur before a right, claim, duty, or interests arises (https://www.law.cornell.edu/wex/condition_precedent). Lack of Conditions Must be Pled with Particularity or its Waived What litigants should know…
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