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 (4^th 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...