Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurrence of an express condition will prevent a contract from even being formed in the first place. We will also contrast express conditions with contractual duties, inasmuch as the doctrine of substantial performance is concerned.

Oppenheimer & Co. v. Oppenheim, Appel, Dixon, & Co.
JNA Realty Corp. v. Cross Bay Chelsea, Inc.
Morin Building Products Co. v. Baystone Construction, Inc.

 
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