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. is important because it determines whether the condition must be express or whether it can be implied. c. seldom arises in insurance cases. d. determines who has the burden of proof

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11-07-2022
Business

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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. is important because it determines whether the condition must be express or whether it can be implied. c. seldom arises in insurance cases. d. determines who has the burden of proof

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tutorconsortium31 tutorconsortium31 · Answer 1 · 2022-07-21T11:00:08+02:00

determines who has the burden of proof

A condition precedent is one the fulfillment of which completes an inchoate title. A condition subsequent is one of the fulfillments which extinguishes a title already completed

A condition precedent can either be implied or expressly stated in the terms of the contract.

What is Precedent Condition ?

Condition precedent: an event that must occur (or be waived) before there is a duty to perform that contact on the part of the party in whose favor that condition runs.

What is Condition Subsequent ?

A condition subsequent excuses contractual performance if some future event takes place or situation arises.

Learn more about Precedent and Subsequent Condition here:

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