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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)

Citation
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Parent Document
BSA 77 P STREET LLC v. Hawkins, 983 A.2d 988 (2009)
Jurisdiction
DC (municipal)
Effective Date
2009-11-19

Other Sections in This Document (111)

Full Text

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A condition is a fact, other than the passage of time, which is not certain to occur and which, unless excused, must occur before performance under the contract becomes due. See Bergman v. Parker, 216 A.2d 581, 583 (D.C.1966); Restatement (Second) of Contracts § 224 (1981). A promise, by contrast, is an express or implied declaration that raises a duty to perform and subjects the promisor to liability *994for breach for failure to do so. See Bergman, 216 A.2d at 583; Restatement (Second) of Contracts § 2 (1981). The tenants remind us that there is a general presumption in favor of construing language in a contract as language of a promise rather than as language of a condition when that language is ambiguous. We find no such ambiguity here and therefore no need to resort to this presumption.