This chapter examines conditions that must occur before performance duties mature and the consequences when those events do not happen. In Helm’s Deep, the waiting for dawn offers a vivid analogy for obligations that depend on a specified triggering event.
Doctrinal map
A condition (R2d §§ 224–225) is an event that must occur before a duty arises; its non-occurrence discharges the duty rather than causing breach. The chapter teaches express conditions (interpreted strictly), constructive conditions of exchange (the basis of substantial-performance doctrine), and the dependent-covenant analysis. Kingston v. Preston is the doctrinal root. Morrison v. Bare shows the modern distinguishing move between condition and promise.
Key Sources
Key Rules
- R2d § 224: Condition = event that must occur before duty of performance arises
- R2d § 225: Effects of non-occurrence of condition
- Express vs. constructive conditions
Cases
- Kingston v. Preston 2 Doug. 689, 99 Eng. Rep. 437 (K.B. 1773) Covenants in a contract are mutual and dependent where the performance of one is in the nature of a condition precedent to the performance of the other. Where dependent covenants exist, a party need not perform until the other has performed or tendered performance.
- Morrison v. Bare 2007-Ohio-6788 (Ohio Ct. App. Dec. 19, 2007) A condition is not the same as a promise. The non-occurrence of a condition discharges the duty that the condition qualifies but is not itself a breach. A buyer to whom a condition has failed cannot insist on a renegotiated price; the buyer's options are to walk away or to waive the condition and proceed.