The topic of this podcast by Professor Scott J. Burnham is when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) of Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and […]
Entries Tagged as 'implied conditions'
Implied Conditions: Discussions in Contracts
March 25th, 2021 · Comments Off on Implied Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
Tags:excuse of conditions·express conditions·implied conditions·promissory condition·Restatement (Second) of Contracts § 2·Restatement (Second) of Contracts § 224·rule of constructive conditions of exchange·substantial performance
Excuse of Conditions: Discussions in Contracts
March 16th, 2021 · Comments Off on Excuse of Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause […]
Tags:§ 229·Clark v. West Publishing Company·conditions·divisible contract·excuse·excuse of condition·express conditions·implied conditions·restitution·waiver·West Publishing Company
Express Conditions: Discussions in Contracts
March 9th, 2021 · Comments Off on Express Conditions: Discussions in Contracts · Contracts, Lawdibles Audio
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 […]
Tags:Clark·Clark v. West Publishing Company·excuse of conditions·express conditions·implied conditions·Parol Evidence·West Publishing Company
