The distinction between a condition precedent and a condition subsequent:
A)is important because it determines whether the condition has to occur before or after the contract is made.
B)determines who has the burden of proof.
C)is important as it determines whether the conditions are concurrent.
D)is important because it determines whether the condition must be express or whether it can be implied.

Question

Quizplus · Accepted Answer

The distinction between a condition precedent and a condition subsequent is important because it determines who has the burden of proof. A condition precedent must be proven by the party seeking to enforce the contract, while a condition subsequent must be proven by the party seeking to be released from the contract.

The Distinction Between a Condition Precedent and a Condition Subsequent