Principle A condition precedent must be complied with before the happening of the event to which suc...........

Indian Contract Act (ICA)1872 Others

Principle: A condition precedent must be complied with before the happening of the event to which such a condition is attached. Fulfillment of such a condition after the happening of the event is no fulfillment of condition.

Facts: A transfers Rs. 5000 to B on condition that he shall marry with the consent of C, D and E. As C, D and E had to go abroad for some business purposes and as the date of marriage was already fixed, therefore, B marries without the consent of C, D and E, but obtains their consent after the marriage when C, D and E return to their country.

B has fulfilled the condition

B has not fulfilled the condition

B was free to marry any one without the consent of any body

B must divorce his wife as he married her without fulfilling the condition

Explanation:

The principle says that subsequent ratification or approval is of no avail.
Condition precedent means that the condition should be carried out before the happening of the event. In this case,
B married without the consent of C, D and E.
Obtaining their consent after the marriage is not fulfilling the condition precedent.