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Contracts • Excuse of Non-Performance
K#130
Legal Definition
An express condition is an explicit contractual provision providing that a party who is bound does not come under a duty to perform unless and until some specific condition occurs.
An express condition is typically created by words such as "if," "only if," "provided that," "so long as," "subject to," "in the event that," "unless," "when," "until," and "on the condition that."
An express condition is typically created by words such as "if," "only if," "provided that," "so long as," "subject to," "in the event that," "unless," "when," "until," and "on the condition that."
Plain English Explanation
Remember: Once a contract is formed, it is a sacred, binding, legally enforceable obligation. It's serious stuff. Once a contract is formed, it's difficult to avoid having to perform without causing a breach.
Conditions are triggers that must first happen in order for a contract to form. This is important, because exams will often make it appear as if a contract was formed when there was actually a condition that was never satisfied, which means the contract never came into existence. The easiest way to spot conditions is to examine the language used in the agreement, because explicit conditions need to be explicit and clear.
Conditions are triggers that must first happen in order for a contract to form. This is important, because exams will often make it appear as if a contract was formed when there was actually a condition that was never satisfied, which means the contract never came into existence. The easiest way to spot conditions is to examine the language used in the agreement, because explicit conditions need to be explicit and clear.
Hypothetical
Hypo 1: Bob wants to buy Sam's bike. Bob says, "I'll offer you $100 for your bike." Sam says, "I accept." Bob says, "Great, let me check with my wife first." Result: Whether or not Bob's wife is okay with him buying the bike is irrelevant. The contract was already formed by the time Bob mentioned his wife.
Hypo 2: Bob wants to buy Sam's bike. Bob says, "I'll offer you $100 for your bike, but I'd need to see if my wife is okay with it." Sam says, "I accept." Result: Bob's wife approving of the purchase is an explicit condition of the offer, which means no contract is formed yet.
Hypo 2: Bob wants to buy Sam's bike. Bob says, "I'll offer you $100 for your bike, but I'd need to see if my wife is okay with it." Sam says, "I accept." Result: Bob's wife approving of the purchase is an explicit condition of the offer, which means no contract is formed yet.
Visual Aids
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