Chapter 7

CONDITIONS, BREACH, AND OTHER ASPECTS OF PERFORMANCE

ChapterScope

This chapter deals with the performance of contracts. In particular, it deals with when and how the parties owe each other performance under the contract, and with how the existence of a breach of contract is determined. Key principles and terms:

• Condition: A “condition” is an event which must occur before a party's performance is due. Conditions can be either “express” or “constructive.”
  • Express:An “express” condition is a condition on which the parties have agreed (either explicitly or implicitly). When a party's duty is subject to an express condition, strict compliance with the condition is ordinarily required before the performance will be due.

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