The distinction between a condition precedent and a condition subsequent
A)is important because it determines whether the burden of proof is beyond a reasonable doubt or preponderance of the evidence.
B)seldom arises in insurance cases.
C)determines who has the burden of proof.
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 determines who has the burden of proof. In a condition precedent, the burden of proof is on the party seeking to enforce the contract to show that the condition has been satisfied, while in a condition subsequent, the burden of proof is on the party seeking to avoid performance to show that the condition has not been satisfied. This distinction is important in contract law and can impact the rights and obligations of the parties involved.

The Distinction Between a Condition Precedent and a Condition Subsequent