The topic of this podcast by Professor Scott J. Burnham is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments and wants to avoid being in breach of contract. This podcast is related to the discussion of conditions in two other podcasts: Excuse of Conditions and Implied Conditions. This podcast discusses Clark v. West Publishing Company, and explains why drafters should use terms such as “if” or “on condition that” to make it clear that a term is a condition.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Define a condition.
2. Distinguish between a promise and a condition.
3. Provide an example of an express condition.
4. Explain why an express condition is an exception to the parol evidence rule.
5. State what the remedy is when a promise is breached and when a condition is not satisfied.
A transcript of this podcast is here.
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