Russell contracts to install for Nina her choice of living room carpeting. Classify as an express, implied-in-fact, or implied-in law condition Nina's notification to Russell of her choice of type and color of carpeting. Compare and contrast this condition with the other two types of contractual conditions.

Nina's notification of choice of type and color of carpeting is an implied-in-fact condition, an operative event that must occur before Russell is subject to the duty of installing the carpet. Implied-in-fact conditions are similar to express conditions in that they must fully and literally occur and in that they are understood by the parties to be part of the agreement. They differ in that they are not stated in express language, but are inferred from the contract terms, the nature of the transaction, or parties' conduct. Implied-in-law or constructive conditions are imposed by law to accomplish a fair result. They differ from express or implied-in-fact conditions in that they are not contained in the language of the contract or necessarily inferred from the contract, and they need only be substantially performed.