Checking for Contract Conditions - dummies

Checking for Contract Conditions

By Scott J. Burnham

Part of Contract Law For Dummies Cheat Sheet

In contract law, a condition is an event that must occur before some performance is due. Parties may claim that they aren’t in breach of contract because the condition that had to occur before they had to perform hasn’t occurred. A condition can be express or implied:

  • Express: An express condition, which usually uses words like if, is stated in the contract.

  • Implied: An implied condition is found by the court. The most common implied condition is the performance of a party. Thus, a party may claim that it doesn’t have to perform because the other party didn’t perform.