What term refers to an event that must occur before a duty of performance arises in a contract?

Study for the Chartered Property Casualty Underwriter 530 Exam with flashcards and multiple choice questions. Each question has hints and explanations to enhance your understanding and prepare you thoroughly.

Multiple Choice

What term refers to an event that must occur before a duty of performance arises in a contract?

Explanation:
The triggering idea here is that a contract’s duty to perform only comes into play after a specific event happens. That event is a condition precedent—an occurrence that must take place before either party owes performance. If the condition isn’t satisfied, there’s no duty to perform and no breach for not performing. In contrast, a condition subsequent ends or changes a duty after performance has already begun if the event occurs. A concurrent condition requires both sides to perform at the same time, with each party’s performance contingent on the other. An implied warranty is a promise inferred by law about the quality or circumstances of the contract, not a precondition that creates a duty to perform.

The triggering idea here is that a contract’s duty to perform only comes into play after a specific event happens. That event is a condition precedent—an occurrence that must take place before either party owes performance. If the condition isn’t satisfied, there’s no duty to perform and no breach for not performing.

In contrast, a condition subsequent ends or changes a duty after performance has already begun if the event occurs. A concurrent condition requires both sides to perform at the same time, with each party’s performance contingent on the other. An implied warranty is a promise inferred by law about the quality or circumstances of the contract, not a precondition that creates a duty to perform.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy