Name and describe the types of conditions, explain how conditions are created, and discuss whether it is important to identify the type of condition in a contract
A condition is an event that must occur before a party becomes obligated under a contract. Courts divide conditions into three categories: (a) conditions precedent, which must occur before a duty arises; (b) conditions subsequent, which must occur after a particular duty arises; and (c) concurrent conditions, which create simultaneous duties to perform on the part of both parties. Conditions may be created expressly, although no special language is required. Conditions may also be implied. It is important to make the distinction between a condition precedent and a condition subsequent because that determines who must prove whether the condition occurred. If there is a condition precedent, the plaintiff has to prove the condition happened and thus the defendant was obligated to perform. If there is a condition subsequent, the defendant must prove the condition occurred, relieving him of the contractual obligation.
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What will be an ideal response?
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