Question: A fundamental difference exists between the breach or non - performance of a contractual promise and the failure or non - happening of a condition
A fundamental difference exists between the breach or nonperformance of a contractual promise and the failure or nonhappening of a condition precedent, in that the nonhappening of a condition precedent normally does not give either party the right to insist that the other party perform their agreed contractual duties or the right to sue for damages for nonperformance, at least where the nonperforming party is not responsible for the nonoccurrence of the condition precedent.
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