Mark and Roger entered into a contract in which Mark agreed to sell Roger a very rare painting. The contract required Mark to deliver the painting to Roger and receive payment if the appointed art expert verifies that the painting is authentic. The art expert considers the painting to be a fake. Which of the following should be cited by Roger to discharge the contract and refuse payment?
A) commercial impracticability
B) impossibility of performance
C) condition precedent
D) condition subsequent

Question

Quizplus · Accepted Answer

A condition precedent is an event that must occur before a party is obligated to perform a contractual duty. In this case, the verification of the painting's authenticity by the art expert is a condition precedent to Roger's obligation to pay. Since the expert deemed the painting a fake, the condition precedent was not met, discharging Roger's duty to pay.

Mark and Roger Entered into a Contract in Which Mark