Deck 4: Conditions

Question 1

If there are no conditions relating to a "time for performance" under the contract, the parties can take however long they choose.

Answer 1

In the implied in law contract, court imposes a condition to both parties to deal in good faith. In that context, court also provides the timeline for the performance obligation of the contract. Time for performance condition defines the reasonable time that each party can consider to complete the performance
If the contract is silent without any due date for the performance, then the court will provide a reasonable time to the parties given the circumstances. Therefore, the statement 'If there are no conditions relating to a "time for performance" under the contract, parties can take however long they choose' is incorrect.
The correct statement is 'if there are no conditions relating to a "time for performance" under the contract, the parties are given reasonable time by the court.'

Question 2

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
Write an example of a condition that is implied in law.

Answer 2

An implied in law is also known as quasi contract, in which court imposes the duty on party to perform the contract against his / her will in order to ensure the fairness and justice.
For instance: Consider that a stranger has admitted the person in the hospital, who was found in need of emergency medical services. While bringing the patient to hospital, stranger vehicle was damaged as he was rushing to hospital. Later, after a person's recovery, the stranger asks him to pay for his vehicle damage. When the person denies paying stranger, stranger can approach the court to impose the duty to perform the contract with that person. Court imposes it on that person in order to get justice for the stranger for his determination to save the life of that person.

Question 3

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
May a party prevent the occurrence of a condition to avoid his performance obligations Why or why not

Answer 3

Condition is defined as the event that may or may not takes place but the performance of the contract is promised upon it.
Conditions of the contract are legally bound. If the party fails to perform as per the conditions of the contract, then legal charges can be imposed. Party can prevent the occurrence of condition to avoid the performance obligations by taking the following measures:
• Party should read the contract thoroughly to understand the conditions of the contract and must adhere to it.
• Party must perform the contract following the time clauses mentioned in the contract.
• Party must confirm regarding the condition precedent and condition subsequent before getting into contract to avoid the occurrence of condition.

Question 4

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
Describe the difference between a covenant and a condition.

Question 5

A condition that is "concurrent" is one that is equally important as all the other performance obligations in the contract.

Question 6

A term is considered a "condition precedent" if

A)It takes priority over all the other terms of the contract.
B)It describes an event that needs to occur prior to the obligation to perform.
C)It makes the offeree perform her obligations first.
D)It takes priority over all the other conditions in the agreement.

Question 7

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
Must conditions always be in writing to ensure that they are carried out

Question 8

If an event is uncertain to occur, it cannot be incorporated into the contract as a condition.

Question 9

An implied in fact condition

A)Must occur before the parties have an obligation to perform.
B)Is a part of the contract.
C)Is never a part of the contract.
D)Must be agreed to by the parties.

Question 10

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
Explain the differences between conditions precedent, conditions concurrent, and conditions subsequent.

Question 11

A failure of a condition means that the party is in breach of the contract and forfeits his performance to the nonbreaching party.

Question 12

A condition subsequent means that

A)It must occur immediately following performance under the contractual terms.
B)It can undo the performance obligations of the parties.
C)It must never occur or else the contract is void.
D)It will occur in the future.

Question 13

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
When does the contract itself come into existence when there are conditions precedent

Question 14

An implied in law condition means that the judge can make the parties do whatever he sees fit; the discretion of the court is unconstrained.

Question 15

All answers should be written in complete sentences. A simple "yes" or "no" is insufficient.
Write an example of a condition that is implied in fact.