and the seller promises to deliver the goods contracted for. However, the more complex the relationship, the more likely it is that there will be other interrelated promises, some of which may be more important than others. A further problem is to determine the order in which the various promises are to be performed. For example, in the sale of goods case above, does the seller have to deliver before the buyer has to pay or vice versa, or do the two performance obligations coincide? In determining the order for performance, much will depend on the nature of the conditions of the contract. Lord Mansfield identifies three types of condition, namely, independent, dependent and concurrent conditions: Kingston v Preston (1773) 99 ER 437

doi:10.4324/9781843141518-207

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and the seller promises to deliver the goods contracted for. However, the more complex the relationship, the more likely it is that there will be other interrelated promises, some of which may be more important than others. A further problem is to determine the order in which the various promises are to be performed. For example, in the sale of goods case above, does the seller have to deliver before the buyer has to pay or vice versa, or do the two performance obligations coincide? In determining the order for performance, much will depend on the nature of the conditions of the contract. Lord Mansfield identifies three types of condition, namely, independent, dependent and concurrent conditions: Kingston v Preston (1773) 99 ER 437

ABSTRACT

In determining the order for performance, much will depend on the nature of the conditions of the contract. Lord Mansfield identifies three types of condition, namely, independent, dependent and concurrent conditions:

Kingston v Preston (1773) 99 ER 437 Lord Mansfield: There are three kinds of covenants: (1) Such as are called mutual and independent, where either party may recover damages from the other, for the injury he may have received by a breach of the covenants in his favour, and where it is no excuse for the defendant, to allege a breach of the covenants on the part of the plaintiff. (2) There are covenants which are conditions and dependant, in which the performance of one depends on the prior performance of another and, therefore, till this prior condition is performed, the other party is not liable to an action on his covenant. (3) There is also a third sort of covenant, which are mutual conditions to be performed at the same time; and, in these, if one party is ready, and offered, to perform his part, and the other neglected, or refused, to perform his, he who was ready, and offered, has fulfilled his engagement, and may maintain an action for the default of the other; though it is not certain that either is obliged to do the first act.