BLW 1001 Lecture Notes - Lecture 18: Condition Subsequent, Condition Precedent, Specific Performance
6 Feb 2017
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Document Summary
When a dispute arises over a contract: A party"s duty to perform a contract may depend upon some condition. Conditions can be expressly stated or implied. Condition precedent: the event must occur before a party"s duty to perform arises. Condition subsequent: the happening of a condition discharges an existing duty to perform. Concurrent condition: each party must perform at the same time and performance is conditioned on other party"s performance. Complete satisfactory performance: the duty is completely and perfectly performed. The party who performed completely is entitled to full performance in return. Substantial performance: performance that falls shorts in minor respects but doesn"t deprive promise of material bargained-for consideration. Example: a building that deviates slightly from specifications. Material breach of contract: performance fails to reach a reasonable degree of perfection. Anticipatory breach can also occur if the promisor indicates an intent not to perform contractual duties. Contracts where a promisor agrees to perform to the personal satisfaction of the promisee.
