A conditional right in a contract does not become an enforceable right until the condition occurs, Restatement (Second) of Contracts § 225(1) (1981), unless noncompliance with the condition is excused by agreement, Uebe v. Bowman, 243 Ark. 531, 420 S.W.2d 889 (Ark. 1967); Normand v. Orkin Exterminating Co., 193 F.3d 908, 912 (7th Cir. 1999), or by operation of law, Farnsworth, supra § 8.3, p. 526, as where the other party to the contract wrongfully prevents the condition from occurring, id., § 8.6, pp. 544-45; Restatement, supra, § 225, comment b.
Conditions may be excused by:
F. Failure to cooperate, or Forfeiture
A. Anticipatory repudiation,
V. Voluntary disablement,
A failure to cooperate is a prevention or wrongful interference with contract performance. These need not be intentional or in bad faith. A waiver occurs when a promisee whose duties are conditioned waives the condition and he tenders counter-performance while knowing that the condition has not been satisfied. A waiver cannot be retracted. Anticipatory repudiation is an express statement that a reasonable person would regard as a present, absolute, and unequivocable renunciation of ...