Contracts II

Restatement Second of Contracts § 225

Effects of the Non-Occurrence Of a Condition

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  1. Performance of a duty subject to a condition cannot become due unless the condition occurs or its non-occurrence is excused.
  2. Unless it has been excused, the non-occurrence of a condition discharges the duty when the condition can no longer occur.
  3. Non-occurrence of a condition is not a breach by a party unless he is under a duty that the condition occur.