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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 ...

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