What is the term for a contractual condition that must be fulfilled before a party's performance can be required?

Study for the Business Senior Exam. Use flashcards and multiple-choice questions with hints and explanations. Prepare confidently!

The term for a contractual condition that must be fulfilled before a party's performance can be required is indeed "Condition Precedent." This concept is foundational in contract law, as it establishes a trigger or prerequisite that must occur for any obligations stipulated in the contract to be activated.

For instance, if a contract states that a buyer's obligation to pay for goods is contingent upon the seller delivering those goods, the seller must fulfill their obligation (delivering the goods) before the buyer’s obligation (to pay) arises. This type of condition ensures that certain events or actions are completed before moving forward with the contractual agreement.

Conditions subsequent, on the other hand, refer to events that can terminate the obligations of the parties after the initial performance has begun. Concurrent conditions involve actions that must occur simultaneously; for example, in a real estate transaction, the buyer delivers payment at the same time the seller transfers the title. Tender refers to an offer of payment or performance but does not inherently tie to a condition that must be met before performance can be required. Therefore, “Condition Precedent” is the correct term specifically indicating the necessity of fulfilling a condition before any obligation can be enforced.

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