A homeowner and a contractor agree that the contractor will paint the homeowner's house for $5,000. Their contract specifies that payment is contingent on the contractor using specific, high-quality paint agreed upon in writing. The contractor begins the work but uses a different, lower-quality paint. What type of condition exists in this contract, and has it been satisfied?
This is an express condition, and it has not been satisfied because the contractor did not use the agreed-upon paint.
This is a constructive condition, and it has been satisfied as long as the work was substantially completed.
This is an implied condition, and it has not been satisfied because the contractor used a lower-quality paint.
This is an implied condition, and it has been satisfied because the contractor completed the majority of the work.
The type of condition in this contract is an express condition, as it is explicitly stated in the agreement that payment is contingent on using specific high-quality paint. Express conditions are intentionally and explicitly included by the parties to the contract. Here, the condition has not been satisfied because the contractor used lower-quality paint than what was explicitly agreed upon. As a result, the homeowner's obligation to pay is not triggered.
Incorrect answers involving terms like implied conditions or constructive conditions are incorrect because these arise from the context of the contract or through legal implication, rather than being explicitly written out.
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