________________ refers to a condition that requires the occurrence of an event before a party is obligated to perform a duty under a contract. a. Condition Precedent b. Condition subsequent c. Concurrent condition d. Implied condition

Law · College · Tue Nov 03 2020

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a. Condition Precedent

Extra: In the context of contract law, conditions are situations or events that must occur before a party is required to perform their obligations under the contract or that might end the obligations of a party to the contract. We can group conditions into different categories based on when and how they affect the contractual obligations. Let's briefly define each of the terms you've mentioned:

a. Condition Precedent: This refers to a specific event or state of affairs that must occur before a party is obligated to perform a duty. In other words, the contract's obligations are contingent upon, or "preceded by," the occurrence of this condition. An example might be a contract for the sale of a house, where the sale is contingent upon the buyer securing financing from a bank. Here, the condition precedent is obtaining a loan approval.

b. Condition Subsequent: This condition is the opposite of a condition precedent. It refers to an event or state of affairs that, if it occurs after the obligations have begun, can end those obligations. For example, a rental agreement may have a clause that allows the tenant to terminate the contract if they are relocated by their employer more than a certain distance from the property.

c. Concurrent Conditions: These occur when the parties to a contract are supposed to perform their respective duties at the same time. For example, when a buyer is supposed to pay for goods upon delivery, the delivery of the goods and the payment for them are concurrent conditions. Each party's duty to perform is conditioned on the other party performing at the same time.

d. Implied Condition: This type of condition is not explicitly stated within the contract but is assumed by the nature of the agreement or the intent of the parties involved. Implied conditions are derived from the facts of the situation or the actions of the parties.

It is crucial for the parties entering into a contract to understand the types of conditions involved as they determine when and how the obligations of the contract must be fulfilled. Failure to meet the stipulated conditions can result in breaches of contract and potential legal disputes.