Section 3.2 Conditions Precedent
Library | Contracts 2016 Supp |
1. (§3.2) Conditions Precedent
A condition that must be performed or happen before a duty to perform arises is called a condition precedent. A condition precedent is the most common type of contract condition. 13 Richard A. Lord, Williston on Contracts § 38:7 (4th ed. 2000). But “Missouri law clearly does not favor conditions precedent. Courts should not construe contract provisions to be conditions precedent ‘unless required to do so by plain, unambiguous language or by necessary implication.’” James E. Brady & Co. v. Eno, 992 F.2d 864, 869...
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- Section 3.1 Generally
- Section 3.2 Conditions Precedent
- Section 3.3 Concurrent Conditions
- Section 3.4 Conditions Subsequent
- Section 3.5 Burden of Proof
- Section 3.6 Distinction Between a Condition and a Promise
- Section 3.7 Express Conditions
- Section 3.8 Common Drafting Pitfalls
- Section 3.9 Conditions Based on Satisfaction
- Section 3.10 Conditions Based on Acceptance or Satisfaction of a Third Party
- Section 3.11 Conditional Payment Clauses
- Section 3.12 Constructive (Implied) Conditions
- Section 3.13 Performance on Time
- Section 3.14 Substantial Performance
- Section 3.15 Excuse of Conditions
- Section 3.16 Hindrance or Failure to Cooperate
- Section 3.17 Waiver and Estoppel
- Section 3.18 Forfeiture
- Section 3.19 Discharge
- Section 3.20 Accord and Satisfaction
- Section 3.21 Novation
- Section 3.22 Account Stated
- Section 3.23 Generally
- Section 3.24 Material Breach
- Section 3.25 Anticipatory Repudiation
- Section 3.26 Statute of Frauds
- Section 3.27 Promises of Executors or Administrators and Suretyship Contracts
- Section 3.28 Contracts Made in Consideration of Marriage
- Section 3.29 Generally
- Section 3.30 What Is an Interest in Land
- Section 3.31 Contracts Not to Be Performed Within One Year
- Section 3.32 Contracts for the Sale of Goods
- Section 3.33 Kind of Writing Required
- Section 3.34 Lost Writings
- Section 3.35 Pleading the Statute of Frauds
- Section 3.36 Statute of Limitations
- Section 3.37 Death of a Person or Destruction of a Thing Essential to the Performance of the Contract
- Section 3.38 Supervening Change in the Law
- Section 3.39 Impracticability
- Section 3.40 Frustration of Purpose
- Section 3.41 Impossibility Under the Uniform Commercial Code
- Section 3.42 Duress
- Section 3.43 Undue Influence
- Section 3.44 Misrepresentation and Nondisclosure
- Section 3.45 Mistake
- Section 3.46 Unconscionability
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