MBE Rules · Contracts
Express vs. constructive conditions
The rule
An express condition must be STRICTLY satisfied (substantial performance does not suffice). A constructive condition (one implied by law) is satisfied by substantial performance. Courts construe doubtful provisions as promises rather than express conditions to avoid forfeiture.
In plain English
An express condition is a specific requirement that must be fully met for a contract obligation to arise. A constructive condition is implied and can be met if the main purpose is mostly fulfilled.
Worked example
The buyer agrees to pay only if the house is painted blue (express condition). The painter paints it light blue. The buyer can refuse payment. If the contract just said 'paint the house,' the buyer must pay if the job is mostly done.
Memory hook
Express = Exact, Constructive = Close. Express demands perfection; constructive gives leeway with substantial performance.
The trap
Students think: All conditions need strict compliance. Wrong, because constructive conditions only need substantial performance. The actual test is whether it is express or constructive.
How examiners test it
The MBE loves: ambiguous contract language. Question: express or constructive? Trap: assuming strict compliance is always needed — courts prefer promises to avoid forfeiture.
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