[License-review] OSI License Review Summary:
herr.alter at gmail.com
Thu Dec 5 23:46:21 UTC 2019
Am Mo., 2. Dez. 2019 um 20:25 Uhr schrieb Patrick Masson <
masson at opensource.org>:
[... condition ... condition ... conditions ...]
Please stop this silliness.
"The word “condition” [...] is sometimes used in a very loose sense as
synonymous with “term,” “provision,” or “clause.” In such a sense it
performs no useful service; instead, it affords one more opportunity for
– Arthur L. Corbin, Conditions in the Law of Contract, 28 YALE L.J. 739,
"A condition is not the same thing as a promise. To take a common example,
imagine that you have bought a fire insurance policy. You pay the premiums.
The insurance company is not required to perform, however, unless your
house burns. The burning of the house is the condition precedent to the
insurance company's duty to pay. The happening of the condition precedes
the company's duty to pay, but you hardly promise the insurance company
that your house is going to burn down. [...] Your insurance policy might
also provide that you cannot recover if you do not bring suit within a year
after the fire. The failure to bring suit may be seen as a condition
subsequent. As soon as the house burns, though, the company has a duty to
pay. If you fail to bring suit within a year, the company's duty will be
discharged. The condition subsequent — the failure to bring suit — occurs
subsequent to the company's duty to pay and discharges that duty."
– Randy E. Barnett, Nathan B. Oman, Contracts: Cases and Doctrine (6th ed.
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