A contract contains the provision, "Walter Hamilton promises to pay Faye Weeks $1,200 for a 2005 V6 motor provided that Phelps' Garage approves the quality of the motor." This provision:
A)makes the contract unenforceable since Walter's promise is illusory.
B)creates an express condition which must be met before Walter's duty to pay arises.
C)cannot create an express condition because it lacks the necessary words "on condition that."
D)cannot be valid since it makes Walter's duty to pay dependent upon the opinion of a third party.

Question

A contract contains the provision, "Walter Hamilton promises to pay Faye Weeks $1,200 for a 2005 V­6 motor provided that Phelps' Garage approves the quality of the motor." This provision:
A)makes the contract unenforceable since Walter's promise is illusory.
B)creates an express condition which must be met before Walter's duty to pay arises.
C)cannot create an express condition because it lacks the necessary words "on condition that."
D)cannot be valid since it makes Walter's duty to pay dependent upon the opinion of a third party.

Quizplus · Accepted Answer

This provision creates an express condition that must be satisfied (approval by Phelps' Garage) before Walter's obligation to pay arises.

A Contract Contains the Provision, "Walter Hamilton Promises to Pay