Contract Defined - Absolute and Conditional Contracts

1. Law
2. Georgia Code
3. Contracts
4. General Provisions
5. Contract Defined - Absolute and Conditional Contracts

1. A contract may be absolute or conditional. In an absolute contract, every covenant is independent and the breach of one does not relieve the obligation of another. In a conditional contract, the covenants are dependent upon each other and the breach of one is a release of the binding force of all dependent covenants.
2. The classification of every contract must depend upon a rational interpretation of the intention of the parties.

(Orig. Code 1863, § 2683; Code 1868, § 2679; Code 1873, § 2721; Code 1882, § 2721; Civil Code 1895, § 3638; Civil Code 1910, § 4223; Code 1933, § 20-109.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 17 Am. Jur. 2d, Contracts, §§ 320 et seq., 355, 361, 362, 443, 445, 449, 507.

C.J.S.

- 17 C.J.S., Contracts, § 10.

ALR.

- Acceptance of offer with condition which law would imply, 1 A.L.R. 1508.

Performance by vendor of covenant to make improvement as condition of his right to foreclose or forfeit contract, 128 A.L.R. 656.

Restrictive clause in employment or sales contract to prevent future competition or performance of services for other affected by breach by party seeking to enforce it, of his own obligations under the contract, 155 A.L.R. 652.

Provision in contract for sale of real property which makes performance conditional upon purchaser's or third person's satisfaction with condition of property, 167 A.L.R. 411.

Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.

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