Express Conditions: Nature and Effect Case: Parties: Dove v. Rose Acre Farms, Inc.

(1982; IN) Plaintiff - Dove (appellant) Defendant - Rosa (appellee) Found for D,P appeals.

Procedural History:

Facts: P is employed by D. There was a bonus program D was offering, and the K said that for a bonus of $5k, P would work 5 full days per week, for 10 weeks. In addition, it was understood that if P was even one minute late, or was absent for any reason, even illness, he would forfeit the bonus. In the 10th week P got sick, but he still went to work. P told D he was unable to work, and D told him that if he went home he would forfeit the bonus. But D also offered him the opportunity to stay there and lay on the couch or make up him lost days on Sat or Sun, but P left to seek medical treatment. D then refused to pay P the bonus, and P sued. Issue: Whether a K is void when a condition isn't me, but when performance of the K is substantial. Holding: Affirmed for D.

Reasoning: Dove failed to perform all of the conditions of the bonus program and is not entitled to recover any portion of the bonus. If Dove fell ill, and didn’t work, he couldn’t sue for wages. Certainly a plaintiff cannot, upon failing to perform his part of the contract, sue his adversary for damages alleging that his own non-performance was because of impossibility. Impossibility is a defense, and unconscionability is also a defense. RULE: Substantial performance cannot satisfy a condition Notes • P says he did substantial performance, and the company got what it needed. Plus, P worked overtime, so worked a lot more hours than necessary, so who cares about last 2 days? • The idea of motivating employees to be there every day and to be punctual was central to the bonus program. It was designed for this. • ****If you do not meet a condition precedent, then you cannot recover at all.

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