Lecture Notes: Conditions to Contract Performance

Introduction

• Lecturer: Professor Tracy
• Topic: Conditions to contract performance in relation to breaches.
• Method: Use of practical questions to identify and understand types of conditions.

Types of Conditions

1. Express Conditions
   • Clearly laid out by the parties themselves.
   • Types include:
     • Condition Precedent: Event must occur before a duty or right kicks in.
     • Condition Subsequent: An event that cuts off an ongoing duty.
2. Constructive Conditions
   • Also known as implied conditions.
   • Implied by law and not expressly stated by the parties.

Express Conditions

• Condition Precedent Example: Bob agrees to mow lawn only if he gets a new lawnmower by Friday.
• Condition Subsequent Example: Barb agrees to tutor until the contracts exam; when the exam occurs, her duty ends.

Key Points

• Language like "provided that" or "if" often indicates a condition.
• Strict Compliance is required for express conditions; substantial performance does not apply.
• Party must use good faith in fulfilling conditions they have control over.

Constructive Conditions

• Purpose: To order performance when parties haven't specified.
• Rules:
  1. If one performance takes longer, it should generally occur first.
  2. If performances can be done concurrently, they should occur at the same time.
• Substantial Performance: Applies to constructive conditions, allowing for less than perfect performance as satisfactory.

Legal Excuses for Non-Compliance

1. Waiver: A protected party can choose not to enforce a condition.
2. Estoppel: Prevents arguing non-satisfaction of a condition if one party relied on its waiver.
3. Wrongful Hindrance: When one party interferes with the occurrence of a condition.
4. Avoidance of Forfeiture: Prevents harsh outcomes due to non-compliance.

Examples & Applications

• Questions Analyzed: Various scenarios demonstrating identification and application of conditions in contracts.
• Examples: Real-life contract disputes and interpretations.

Conclusion

• Understanding conditions, both express and constructive, is crucial for contract performance.
• Focus: The difference between strict compliance for express conditions and substantial performance for constructive conditions.
• Next Steps: Apply knowledge to real-life scenarios and further study legal implications and doctrines.