[02-11-15] BA 160 notes.docx

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BA 160 February 11, 2015 Notes What is condition? - a future or uncertain event that supersedes the existence or extinguishment of an obligation Does an impossible condition have the same effect as conjuctive condition? - In impossible condition, it renders the obligation null. Conjunctive condition renders the obligation fulfilled. The option of rescission is only allowable in situations when breach is of substantial value. Rescission requires judicial actions. Or, automatic rescission can be expressly stipulated.

Transcript of [02-11-15] BA 160 notes.docx

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BA 160February 11, 2015NotesWhat is condition?

- a future or uncertain event that supersedes the existence or extinguishment of an obligation

Does an impossible condition have the same effect as conjuctive condition?

- In impossible condition, it renders the obligation null. Conjunctive condition renders the obligation fulfilled.

The option of rescission is only allowable in situations when breach is of substantial value.

Rescission requires judicial actions. Or, automatic rescission can be expressly stipulated.