Conditions
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Omar is on Delaware probation with written conditions requiring him to submit to residence and property searches cond...
Omar is on Delaware probation with written conditions requiring him to submit to residence and property searches conducted under probation procedures. Officers know of the condition and go to the apartment Omar shares wi...
Citations: 11 Del. C. § 4321(d), United States v. Knights, Horton v. California, Caniglia v. Strom, City of Los Angeles v. Patel, New York v. Burger
A buyer's duty to purchase a parcel is expressly conditioned on a lender issuing a binding loan commitment by May 1....
A buyer's duty to purchase a parcel is expressly conditioned on a lender issuing a binding loan commitment by May 1. The lender never issues the commitment, and the seller did not prevent the failure. What is the usua...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1435., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439.
A contractor misses a condition by one day because of an ordinary clerical mistake. Enforcing forfeiture would cause...
A contractor misses a condition by one day because of an ordinary clerical mistake. Enforcing forfeiture would cause a large loss, and the owner can be fully compensated for any delay. Which statement best describes p...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3275.
Developer agreed to buy a shopping-center parcel from Owner if Developer obtained leases "satisfactory to Developer"...
...y to Developer's lease dissatisfaction. This essay tests satisfaction conditions and the objective-subjective standard. https://scocal.stanford.edu/opinion/mattei-v-hopper-29765, https://leginfo.legislature.ca.gov/faces/...
Citations: https://scocal.stanford.edu/opinion/mattei-v-hopper-29765, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1434., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
A contract makes final payment conditional on a third-party inspection. The owner refuses to allow the inspector onto...
A contract makes final payment conditional on a third-party inspection. The owner refuses to allow the inspector onto the site and then argues that the condition failed because no inspection occurred. Which statement...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1511.
A contract requires a consultant to submit weekly reports. The contract does not say payment is conditional on each r...
...Which statement is most accurate? This question tests distinguishing conditions from covenants. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
A contract term is ambiguous about whether a missed notice deadline forfeits a contractor's right to a large progress...
...ware condition principles? This question tests strict construction of conditions involving forfeiture. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
A developer's duty to buy a parcel depends on obtaining tenant leases "satisfactory to developer" for a shopping cent...
A developer's duty to buy a parcel depends on obtaining tenant leases "satisfactory to developer" for a shopping center. The developer rejects the leases as financially inadequate after reviewing tenant strength and r...
Citations: https://scocal.stanford.edu/opinion/mattei-v-hopper-29765
A purchase agreement states that Buyer has no duty to close unless Buyer receives final subdivision approval from the...
A purchase agreement states that Buyer has no duty to close unless Buyer receives final subdivision approval from the city by July 1. How should the subdivision-approval clause most likely be classified? This question...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1435.
At a business-sale closing, Seller must deliver transfer documents at the same time Buyer must deliver the price thro...
...close. What must Buyer generally show? This question tests concurrent conditions and tender. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1437., https://leginfo.legislature.c...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1437., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439.
Buyer agreed to purchase Seller's small coffee-roasting business. The closing clause stated that Seller would deliver...
...er counterclaims that Seller failed to satisfy the concurrent closing conditions. Analyze each party's tender and ability to enforce the closing obligations. This essay tests concurrent conditions and tender at closing...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1437., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1440.
Developer agreed to buy Seller's vacant parcel for $4 million. The contract stated, "Developer's duty to close is con...
...ing loan commitment by September 1. Seller now argues that the failed conditions discharged any duty to convey. Developer sues to enforce the purchase contract. Analyze the effect of the conditions, Seller's repudiation...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1435., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1440., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1511.
For six months, Buyer accepts Supplier's quality certificate several days late and repeatedly says, "Late certificate...
For six months, Buyer accepts Supplier's quality certificate several days late and repeatedly says, "Late certificates are fine as long as the goods pass." Supplier relies on that practice in month seven. What is the...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439.
Manufacturer agreed to buy monthly batches of specialty adhesive from Supplier. The contract said Manufacturer's duty...
Manufacturer agreed to buy monthly batches of specialty adhesive from Supplier. The contract said Manufacturer's duty to accept and pay for each batch was conditioned on Supplier delivering an independent lab certific...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1439., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442.
Owner agrees to sell land to Developer, subject to Developer delivering final plans and proof of financing by closing...
Owner agrees to sell land to Developer, subject to Developer delivering final plans and proof of financing by closing. Before closing and before Developer is in default, Owner unequivocally states that Owner will not...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1440.
Owner hired Contractor to renovate a hotel lobby for $900,000. The contract provided that the final $180,000 installm...
Owner hired Contractor to renovate a hotel lobby for $900,000. The contract provided that the final $180,000 installment was due "only after Architect issues a certificate of substantial completion." Contractor finish...
Citations: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1442., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1511., https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=3275.
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a ce...
...analysis? Correct. The answer should identify the governing rule for Conditions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a ce...
...analysis? Correct. The answer should identify the governing rule for Conditions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a ce...
...analysis? Correct. The answer should identify the governing rule for Conditions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a ce...
...accurate? Correct. The answer should identify the governing rule for Conditions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest counte...
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a ce...
The parties dispute the legal effect of a contested transaction. A contractor substantially performed but missed a certificate requirement before payment. A party relied on common practice, but the record includes fac...