M Civ JI 142.22 Conditions Precedent

[ Name of party being sued on contract ] claims that [ name of party ] and [ he / she / it ] agreed that [ name of party being sued on contract ] did not have to perform [ his / her / its ] part of the contract unless [ insert condition precedent ]. This requirement is called a condition precedent. A condition precedent is a fact or event that the parties intend must take place before there is a right to performance. [ Name of party ] denies that this condition was part of the contract.

Whether a provision in a contract is a condition precedent which excuses performance depends on the intent of the parties. The parties’ intent is to be ascertained from a fair and reasonable construction of the language used in light of the surrounding circumstances when they executed the contract.

If you find that this condition was part of the contract, you must decide whether the event occurred. If you decide that the condition occurred, then [ name of party being sued on contract ] was required to perform its part of the contract. [ Name of party ] has the burden of proof that the condition precedent occurred.

If you decide the condition was not part of the contract, then [ name of party being sued on contract ] was required to perform [ his / her / its ] part of the contract.

Comment

Reed v Citizens Ins Co, 198 Mich App 443 (1993); Koski v Allstate Ins, 456 Mich 439 (1998); MacDonald v Perry, 342 Mich 578 (1955); Knox v Knox, 337 Mich 109 (1953).

History

M Civ JI 142.22 was added March 2005.