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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Express Conditions

Express Conditions

(p.715) Fifty-Three Express Conditions
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 53 concerns express conditions. The term express condition refers to an explicit contractual provision under which either: (1) A party to a contract does not come under a duty to perform unless and until a designated state of affairs occurs or fails to occur, or (2) If a designated state of affairs occurs or fails to occur a party’s duty to perform a contract is suspended or terminated. The normal sanction for breach of a promise is damages. In contrast, the normal sanction for nonfulfillment of an express condition is suspension or termination of the contract by the party in whose favor the condition runs. If a promise is substantially performed, then even though the promise is not perfectly performed the promisor normally can sue for expectation damages, with an offset for damages resulting from the breach. In contrast, if an express condition is not perfectly fulfilled then even though the condition is substantially fulfilled the traditional rule is that the party in whose favor the condition runs has the right to terminate the contract.

Keywords:   express condition, commitments, state of affairs, contract suspension contract, contract termination

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