Which statement correctly describes express and implied conditions?

Which statement correctly describes express and implied conditions?

• A. Express conditions require strict compliance; implied conditions permit substantial performance.
• B. Express conditions never require compliance.
• C. Implied conditions require exact performance.
• D. All conditions are waived by default.

Answer: (A)

Express conditions are terms stated in the contract that must be met exactly as written. If they aren’t fulfilled, the party due to perform may be excused or the contract may be terminated, because the promise hinges on strict compliance. Implied conditions aren’t written but are assumed by law or by the nature of the agreement; they’re understood to be satisfied through substantial rather than exact performance, so a minor deviation doesn’t usually end the contract. That’s why the statement that express conditions require strict compliance while implied conditions allow substantial performance is the best description. The other choices misstate the relationship: express conditions do require compliance, implied conditions aren’t about exactness, and not all conditions are automatically waived.

Express conditions are terms stated in the contract that must be met exactly as written. If they aren’t fulfilled, the party due to perform may be excused or the contract may be terminated, because the promise hinges on strict compliance. Implied conditions aren’t written but are assumed by law or by the nature of the agreement; they’re understood to be satisfied through substantial rather than exact performance, so a minor deviation doesn’t usually end the contract. That’s why the statement that express conditions require strict compliance while implied conditions allow substantial performance is the best description. The other choices misstate the relationship: express conditions do require compliance, implied conditions aren’t about exactness, and not all conditions are automatically waived.