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See also Conditions and all of its subcategories. A promise is 'a manifestation of intention to act or refrain from acting in a specified way, so made as to justify a promisee in understanding that a commitment has been made.' (Restatement, Contracts 2d, § 2, subd [1].) A condition, by comparison, is 'an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.' (Restatement, Contracts 2d, § 224.) 


While a contracting party's failure to fulfill a condition excuses performance by the other party whose performance is so conditioned, it is not, without an independent promise to perform the condition, a breach of contract subjecting the nonfulfilling party to liability for damages (Restatement, Contracts 2d, § 225, subds [1], [3]; 3A Corbin, Contracts, § 663; 5 Williston, Contracts [Jaeger-3d ed], § 665). 


A contract term that renders the entire contract contingent upon the existence or occurrence of some fact or event. Conditions may be express, implied precedent, subsequent or constructive. A condition is a fact or event other than the passage of time. It will either create or extinguish an absolute duty to perform. Conditions and ...

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