BALW20150 Chapter Notes - Chapter 18: Vehicle Insurance
21 Dec 2018
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Chapter 18 Notes: Performance and Discharge
• Concurrent Conditions:
o When each party’s performance is conditioned on other’s performance or tender
of performance (offer to perform)
▪ when contract expressly or impliedly calls for parties to perform respective
duties SIMULTANEOUSLY
▪
Example:
• woman buys a printer from Best Buy and promises to perform are
mutually dependent
• her duty to pay for goods does NOT become absolute until Best
Buy delivers or tenders goods and Best Buy’s duty is not absolute
until woman tenders or actually makes payment
• neither can recover from other for breach without first rendering
performance
• Express Conditions:
o Provided for by parties’ agreement
▪ no particular words are necessary but normally are prefaced by if, provided,
after, or when
▪
Example:
• most automobile insurance policies include a cooperation clause
that states if the insured person is involved in an accident, he or she
must cooperate with insurance company
• Implied Conditions:
o Understood to be part of the agreement, but NOT found in express language of the
agreement
o Courts may imply conditions from the purpose of the contract of from the intent of
the parties
o often implied when they are INHERENT to the performance of the contract
Section 18.2:
