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constructive condition

constructive condition 推定条件指合同虽未明示或默示规定，但法律为保证合同公正所规定的条件，如当事人间的相互协作义务即属法律推定的条件。

A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice. • The cooperation of the parties to a contract, for example, is a constructive condition. — Also termed implied-in-law condition;

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implied condition

glossary / implied condition

A condition that is not expressly mentioned, but is imputed by law from the nature of the transaction or the conduct of the parties to have been tacitly understood between them as a part of the agreement. See constructive condition; implied-in-fact condition. [Cases: Contracts 220. C.J.S. Contracts § 355.]

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implied in fact condition

glossary / implied-in-fact condition

A contractual condition that the parties have implicitly agreed to by their conduct or by the nature of the transaction. Cf. constructive condition. [Cases: Contracts 220. C.J.S. Contracts § 355.]

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condition implied by law

glossary / condition implied by law

condition implied by law. See constructive condition under CONDITION(2).

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implied in law condition

glossary / implied-in-law condition

implied-in-law condition. See constructive condition under CONDITION(2).

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constructive discharge

glossary / constructive discharge

A termination of employment brought about by making the employee’s working conditions so intolerable that the employee feels compelled to leave. [Cases: Civil Rights 1123; Master and Servant 31(2). C.J.S. Civil Rights § 28; Employer–Employee Relationship § 53.]

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