constructive condition

A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being reasonable in the circumstances; a condition imposed by law to do justice.

• The cooperation of the parties to a contract, for example, is a constructive condition.

— Also termed implied-in-law condition; condition implied by law; condition implied in law. Cf. implied-in-fact condition. [Cases: Contracts 220. C.J.S. Contracts § 355.]

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