Written by attorneys · grounded in primary & secondary sources — see below
Stipulations or provisions that set forth the specific rights, obligations, restrictions, or procedures applicable to an agreement, issuance, transaction, or court order. These provisions may include limitations on exercise, transfer, or receipt, as well as requirements for fairness or compliance with statutory standards.
Sources & Authorities
How it applies
Common Examples
6
Voidance Condition in Corporate Warrants
Threshold Capital's board issues milestone-based warrants to a research partner. The warrants expressly become void if a named rival launches a takeover bid. The restriction is enforceable because the board validly determined the terms at issuance.
Court-Imposed Restraint on Collateral Sale
True North Logistics, a secured party, begins a noncompliant disposition of equipment collateral. The debtor establishes the violation and seeks relief. The court restrains the sale and imposes payment and notice conditions to protect the debtor's interests.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Twin Rivers Bank adopts a shareholder agreement governing consulting services between the corporation and its directors. The agreement specifies compensation rates and performance benchmarks. These provisions are valid as they establish the terms and conditions of the service arrangement.
Equal Marriage Licensing Requirements
A state clerk refuses to issue a marriage license to a same-sex couple unless they satisfy extra waiting periods not imposed on opposite-sex couples. The couple challenges the disparity. The court requires the clerk to apply identical licensing terms and conditions to all applicants.
Obergefell v. Hodges576 U.S. 644 (2015)
Federal Wage and Hour Standards
A city transit authority sets employee schedules and overtime pay below federal minimums. Transit workers sue to enforce national labor protections. The court holds that federal law governs the terms and conditions of their employment.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
Supervisor Harassment Liability
A university employee reports repeated hostile conduct by her direct supervisor. The institution claims it lacked notice because the supervisor was not a high-level official. The court examines whether the conduct altered the terms and conditions of employment under agency principles.
Vance v. Ball State University570 U.S. 421 (2013)
Common questions
Frequently Asked
4
What authority does a corporate board have to set conditions on warrants?+
A board may determine the terms and conditions of rights, options, or warrants, including restrictions that invalidate them upon specified events such as a takeover bid by a named rival. The determination is conclusive when made before issuance.
Supporting sources
When may a court impose terms and conditions on collateral disposition?+
A court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions when a secured party fails to proceed in accordance with Article 9. The order protects the debtor from further loss.
Supporting sources
How do terms and conditions function in shareholder agreements?+
A shareholder agreement may establish the terms and conditions of any agreement for the transfer or use of property or the provision of services between the corporation and its shareholders, directors, officers, or employees. Such provisions are enforceable when adopted under the statute.
Supporting sources
What constitutes discrimination in the terms and conditions of a residential real estate transaction?+
Federal fair housing law prohibits varying loan availability or terms because of race, familial status, or other protected characteristics. Depressing appraisals or quoting higher rates to protected applicants violates the statute even without an outright denial.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…the petitioners in these cases are now held invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples. Pp. 18–23. (1) The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual…