Conditions and Performance

Question 1

Express Conditions

Answer 1

Are expressed in the contract.

Question 2

Implied Conditions

Answer 2

Are deemed to be part of the contract because the nature of the agreement suggests that the parties truly intended the condition but failed to expressly include it.

Question 3

Satisfaction of Conditions

Answer 3

Usually an objective standard, unless the aesthetic taste of a party determines whether the other party’s performance is satisfactory.

Question 4

Substantial Performance

Answer 4

With an implied or constructive condition precedent, a party who substantially complies with that condition can trigger the obligation of the other party to perform.

Question 5

Nonconforming segment

(UCC installment K)

Answer 5

A buyer can reject only if the nonconformity:

1) Substantially impairs the value of that shipment to the buyer; and
2) Cannot be cured.