CONDITIONS AND PERFORMANCE

Question 1

Rule for Express Condition nonoccurrence

Answer 1

A performance that is subject to an express condition cannot become due unless the condition occurs or its nonoccurrence is excused.

However, a condition’s nonoccurrence is excused under the doctrine of prevention when a nonperforming party wrongfully prevents or interferes with the occurrence of a condition.

Question 2

UCC installment contract delivery Rule

Answer 2

Under the UCC, an installment contract is defined as one in which the goods are to be delivered in multiple shipments, and each shipment is to be separately accepted by the buyer. Payment by the buyer is due upon each delivery, unless the price cannot be apportioned.

Question 3

General Rule for waiver of a condition

Answer 3

The general rule is that a party whose duty is subject to a condition can waive the condition, either by words or conduct.