R2d § 224

Condition Defined

R2d § 224 Condition Defined
A condition is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.

Professor's notes

Element: a condition is an event, not certain to occur, which must occur (unless its non-occurrence is excused) before performance under a contract becomes due.

Morrison v. Bare operationalizes: condition language in real estate financing.

Common misunderstanding: students confuse condition with promise. A promise is a commitment that creates a duty; its breach gives rise to liability. A condition is an event that must occur for a duty to become due; its non-occurrence excuses the duty without creating liability. The same language can do both (a "promissory condition"), but the distinction controls remedy: breach of promise = damages; failure of condition = no duty owed.

Cases that operationalize this rule

Text

R2d § 224. Condition Defined.

A condition is an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.