BLAW 3201 Chapter : Chapter 17 Notes
Document Summary
Conditions: the subject of contractual discharge concerns the termination of contractual duties, when the contract is discharge, all performances are discharged, the liability ends. If the contract does not clearly indicate that satisfaction is subjective, or if the performance contracted for relates to mechanical fitness or utility, the law assumes an objective satisfaction standard. Implied-in-law conditions: an implied-in-law condition, or a constructive condition, is imposed by law to accomplish a just and fair result. It differs from an express condition and an implied-in-fact condition in two ways: It is not contained in the language of the contract or necessarily inferred from the contract. Concurrent conditions: concurrent conditions occur when the mutual duties of performances are to take place at the same time. In the absence of an agreement to the contrary, the law assumes that they respective performances under a contract are concurrent conditions.
