Implied Conditions: Discussions in Contracts Podcast

This podcast will explain 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) Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and the Excuse of Conditions that is used by courts to avoid harsh results of conditions. Additionally, this podcast provides hypotheticals that illustrate the relationship between implied conditions and the rule of constructive conditions of exchange.

Learning Outcomes

On completion of the podcast, the student will be able to:

1.    Distinguish between a promise and a condition.

2.    State an example of implied conditions.

3.    Explain the origin of implied conditions.

4.    Explain a court’s determination when there is substantial performance. 

5.    State what the remedy is when a promise is breached and when a condition is not satisfied.