This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Sec. 2574. Definition and nature of conditions.
Sec. 2575. History of law of conditions.
Sec. 2576. Condition distinguished from covenant.
Sec. 2577. Implied conditions, so-called.
Sec. 2578. Provision both covenant and condition - Condition as to effect of breach.
Sec. 2579. Construction as between condition and covenant.
Sec. 2580. Condition compared with warranty.
Sec. 2581. Condition distinguished from consideration.
Sec. 2582. Condition distinguished from exception.
Sec. 2583. Specific illustrations of exceptions.
Sec. 2584. Condition distinguished from representation.
Sec. 2585. Condition used as equivalent to defense or discharge.
Sec. 2586. Classes of conditions - precedent and subsequent.
Sec. 2587. Construction as between precedent and subsequent conditions.
Sec. 2588. Suspensive and solutory conditions.
Sec. 2589. Construction of conditions in general
Sec. 2590. Acts or events which may operate as conditions - Impossible and illegal conditions. Sec. 2591. Present or past acts or events.
Sec. 2592. Conditions as affecting entire and severable contracts - General principles. Sec. 2593. Specific tests for determining entire or severable character of contract.
II. PAST, PRESENT OR FUTURE EVENTS AS CONDITIONS
Sec. 2594. Validity of contract conditioned on existence of past or present fact.
Sec. 2595. Performance due at future time or on future event as condition - General principles. Sec. 2596. Construction as between condition and covenant fixing reasonable time for performance. Sec. 2597. Promise of performance "when able." Sec. 2598. Contract conditioned on future event - In general. Sec. 2599. Specific illustrations of conditions - Change of title, possession, location, etc. Sec. 2600. Conditions against incumbrances. Sec. 2601. Conditions as to additional insurance.
Sec. 2602. Conditions as to appliances for extinguishing fires, watchmen, etc. Sec. 2603. Conditions against increase of risk. Sec. 2604. Conditions against inflammable articles, etc.
Sec. 2605. Conditions against vacancy, etc.
Sec. 2606. Conditions as to books, inventories, etc.
Sec. 2607. Writing or signature as condition precedent.
Sec. 2608. Other illustrations of conditions.
III. NOTICE AS CONDITION
Sec. 2609. Notice as condition precedent or subsequent. Sec. 2610. Notice of loss as condition to right of action.
Sec. 2611. Contents and form of notice.
Sec. 2612. Giving notice by mail.
IV. VALUATION, ARBITRATION OR APPRAISEMENT AS CONDITION
Sec. 2613. Valuation by arbitration or appraisement as condition precedent. Sec. 2614. Specific illustrations of provisions for arbitration or appraisement. Sec. 2615. Refusal of appraisement or arbitration by one party as affecting rights of adversary party - Contracts of sale. Sec. 2616. Contracts of insurance, etc.
V. SATISFACTION OF PARTY OR THIRD PERSON AS CONDITION
Sec. 2617. Mental state as condition - In general.
Sec. 2618. Contract to be performed to satisfaction of adversary party - General nature. Sec. 2610. Necessity of genuine dissatisfaction. Sec. 2620. Sufficiency of genuine dissatisfaction - Contracts involving personal taste or personal services. Sec. 2621. Matter not involving personal element - Theory of sufficiency of actual dissatisfaction. Sec. 2622. Theory of necessity of reasonable dissatisfaction.
Sec. 2623. Sufficiency of reasonable dissatisfaction.
Sec. 2624. Dissatisfaction as ground for discharge of contract.
Sec. 2625. Approval of architect or engineer as condition precedent - Necessity.
Sec. 2626. Express provision for approval of architect or engineer as condition precedent - Validity.
Sec. 2627. Approval or certificate as express condition.
Sec. 2628. Questions as to which determination of architect or engineer final. Sec. 2620. Who can determine performance as condition precedent. Sec. 2630. On whom determination of performance is binding. Sec. 2631. Power of architect or engineer. Sec. 2632. Form of certificate. Sec. 2633. Contents of certificate. Sec. 2634. Effect of certificate or approval. Sec. 2635. Approval of attorney as condition precedent. Sec. 2636. Other illustrations of approval by third person.
VI. CONDITION IN POWER OF ONE PARTY
Sec. 2637. Condition in power of one party.
Sec. 2638. Amount of compensation in discretion of one party.
Sec. 2639. Option to one party to discharge.
Sec. 2640. Contract of indefinite duration - Implied option to discharge at will.
Sec. 2641. Option not exercisable at will.
Sec. 2642. Permanent obligation contemplated.
Sec. 2643. Notice of exercise of option to terminate.
VII. WHO CAN TAKE ADVANTAGE OF BREACH OF CONDITION
Sec. 2644. Who may take advantage of breach of condition - Self-executing conditions. Sec. 2646. Conditions for benefit of one party. Sec. 2646. Condition for benefit of either party. Sec. 2647. Construction as to right of party to take advantage of breach.
VIII. PERFORMANCE AND BREACH
Sec. 2648. Performance and breach of condition.
Sec. 2649. Effect of breach of condition.
Sec. 2650. Burden of proof as to breach of condition.
Sec. 2651. Duty to make restitution on breach of condition.
Sec. 2652. Excuses and waiver - General nature.
Sec. 2653. Excuses for not obtaining approval or for not treating approval as finality
- Fraudulent and arbitrary action. Sec. 2654. Refusal of certificate for substantial performance, short of exact performance.
Sec. 2655. Mistake on part of architect or engineer.
Sec. 2656. Waiver of breach of condition - General nature.
Sec. 2657. Elements of waiver - Knowledge of facts. Sec. 2658. Communication of intent to waive.
Sec. 2659. Waiver by acts - Condition precedent.
Sec. 2660. Waiver by acts misleading adversary or showing election to retain benefits. Sec. 2661. Repudiation of liability on grounds other than breach of condition. Sec. 2662. Waiver by owner of certificate or approval of architect as condition. Sec. 2663. Rights of parties fixed - Subsequent waiver not recognised. Sec. 2664. Rights of parties fixed - Subsequent waiver recognized. Sec. 2665. Form of waiver - Provision of contract requiring writing. Sec. 2666. Effect of waiver.