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A condition precedent is a condition that must occur in order to create a duty of performance. 'A condition precedent is a fact or event which the parties intend must exist or take place before there is a right to performance.' Lach v. Cahill, 138 Conn. 418, 421, 85 A.2d 481 (1951). ''Whether the performance of a certain act by a party to a contract is a condition precedent to the duty of the other party to act depends on the intent of the parties as expressed in the contract and read in light of the circumstances surrounding the execution of the instrument.' Ravitch v. Stollman Poultry Farms, Inc., 165 Conn. 135, 149, 328 A.2d 711 (1973); Lach v. Cahill, supra.' Christophersen v. Blount, 216 Conn. 509, 512, 582 A.2d 460 (1990).
A condition precedent may be defined as 'an event, not certain to occur, which must occur, unless its non-occurrence is excused, before performance under a contract becomes due.' RESTATEMENT (SECOND) OF CONTRACTS § 224 (1981); Eschewing the terms 'condition precedent' and 'condition subsequent' in order to avoid confusion, the RESTATEMENT (SECOND) OF CONTRACTS refers to conditions precedent simply as 'conditions.' ...
