Main Content
Order of Performance and Constructive Conditions, Note on FRCP 9(c)
In addition to these cases and the Restatement and UCC sections included below, note that Federal Rule of Civil Procedure 9(c) provides:
"Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity."
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.