Conditions

Question 1

What is the rule of disproportionate forfeiture?

Answer 1

The court will refuse to enforce a condition, if:

(1) It is not a material contract term
(2) Obligee relied on the promise
(3) Obligee’s loss would be substantially greater than obligors

Question 2

What is the rule of conditional estoppel?

Answer 2

An obligor must perform if;

(1) The obligor promised to perform despite nonoccurence.
(2) The obligee changed his or her position in a reasonable, foreseeable and detrimental reliance on that promise.
(3) Enforcing the condition would unfairly harm the obligee.

Question 3

What is the rule of conditional waiver?

Answer 3

A condition can be expressly waived, so long as it is not a material term.