C

A specified condition which must be fulfilled before the terms of an executed Contract will become effective.

A specified future condition which, if fulfilled, automatically results in a specified contractual outcome. e.g. payment of money . (Contrast with Condition Precedent)

A Performance Bond which requires some condition to be satisfied before a call can be made on the bond. Such a condition may be that the Principal may not call upon a Performance Bond given by a Contractor unless there has been a breach of Contract by the Contractor or some period of notice of the intention to call the bond has lapsed.

An obligation which is often imposed on parties to a Contract not to disclose to third parties certain information.

The applicable authority with jurisdiction for determining a Development Application or an application for a complying development certificate. This will usually be the relevant council, but may also be a Minister, the Planning Assessment Commission, a joint regional planning panel, a public authority and in the case of a complying development certificate an accredited certifier (section 4 Environmental Planning and Assessment Act 1979 (NSW)).

See Consequential Loss.

Loss that occurs as a consequence of a breach of Contract and which is within the contemplation of the parties at the time the Contract was entered into, but is not a loss that flows directly from the breach. Consequential loss is a secondary loss to a loss suffered directly as a result of the commission of the wrong. Consequential loss may include economic loss such as loss of profit and loss of earnings. (Contrast with Direct Loss)

Land which has been set aside for the purposes of conservation, including national parks, nature reserves and wilderness areas. May also refer to land which is the subject of a conservation agreement, being an agreement entered into between the government and a private owner of land providing for the conservation and management of an area of the land or of a particular plant or animal species found on that land.

An act (such as the payment of money or the exercise or withholding of the exercise of a right in relation to another person) by one party in exchange for the performance or non-performance of an act by the other party or a promise by that party to perform or not perform certain acts. Consideration is a necessary component for the formation of Contract (it is not necessary for the enforcement of a deed). Consideration must be legal, enforceable and sufficient but need not be an adequate exchange for the other party's consideration.

The acquisition of land by a government Authority with no consent of the owner of that land required. The acquisition must be 'on just terms' which typically involves payment to the owner of fair, timely compensation which approximates market value of the property.