Identify the express conditions types.

• A. Condition concurrent
• B. Condition subsequent
• C. Condition precedent, condition concurrent, condition subsequent
• D. Condition precedent

Answer: (C)

Express conditions in contract law determine when performance is triggered, and there are three express condition types. A condition precedent is something that must happen before a party’s duty to perform arises. For example, a buyer’s obligation to close may depend on obtaining financing, so the contract requires that financing be approved before performance moves forward. A condition concurrent requires both sides to perform at the same time, so there is no obligation to act until the other party is ready to perform as well, as in an ordinary exchange of deeds and payment where each party’s performance is contingent on the other party’s concurrent performance. A condition subsequent is an event that, if it occurs, ends or suspends existing duties, such as a sale being voided if the subject matter is destroyed after formation or if a triggering event relieves performance requirements.

The option that names all three types captures the full scope of express conditions, which is why it is the best choice. The other options list only one or two types, leaving out essential categories and thus not reflecting the complete framework of express conditions.