Asked by Katelyn Sauber on May 08, 2024

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What is a condition? Give an example of each of the following types of conditions: condition precedent, condition concurrent, conditions subsequent.

Condition Precedent

A contractual clause requiring certain conditions to be fulfilled before a contract becomes effective or an obligation is to be performed.

Condition Concurrent

In contracts, conditions that are to happen or be performed at the same time by both parties involved in the agreement.

Conditions Subsequent

Clauses in a contract that, if met, bring about the termination of the contract's obligations for one or more parties.

  • Explain the role and consequences of conditions (precedent, concurrent, subsequent) in contracts.
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JB
Janeth BenavidesMay 12, 2024
Final Answer :
A condition is an uncertain event that affects the duty of performance. Condition precedent-If William is to buy Anna's land for $50,000, provided William can obtain financing in the amount of $40,000 at no more than 7% interest, the obtaining of financing at no more than 7% interest is a condition precedent. Condition concurrent-If Arnold has contracted to sell Brian a watch for $10, with delivery and payment to take place at the same time, the obligation to pay for the watch is a condition concurrent with the obligation to turn over the watch to Brian. Condition subsequent-Where goods are sold under terms of "sale or return," the buyer has the right to return the goods to the seller within a stated period, but is under an immediate duty to pay the price unless credit has been agreed upon. The duty to pay the price is terminated by a return of the goods, which operates as a condition subsequent.