Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Comparison definition. Where words in a contract raise no duty in and of themselves but rather modify or limit the promisees' right to enforce the promise such words are considered to be a condition. Whether words constitute a condition or a promise is a matter of the intention of the parties to be ascertained from a reasonable construction of the language used, considered in light of the surrounding circumstances. Feinberg v. Automobile Banking Corporation, 353 F. Supp. 508, 512 (E.D.Pa.1973); Williston, Contracts, §§ 665, 666. 


In general, contractual terms are presumed to represent independent promises rather than conditions. 3A Corbin on Contracts § 635 (1960); 5 Williston on Contracts §§ 665, 666 (1961). Determining whether this presumption may be upset entails a full inquiry into the 'intention of the parties and the good sense of the case' including such factors as whether the protected party can achieve its principal goal without literal performance of the contractual  provision. Foreman State Trust and Savings Bank v. Tauber, 348 Ill. 280, 180 N.E. 827, 831 (1932); Palmer v. Meriden Britannia Co., 188 Ill. 508, 59 N.E. 247, 252 (1900). So reluctant are courts to elevate a term ...

Register or login to access full content



Professors
Professionals
Students