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Legal Definitions - concurrent condition
Definition of concurrent condition
A concurrent condition in a contract refers to two actions or obligations that must be performed at the same time by the parties involved. Neither party is required to perform their part until the other party is ready and able to perform their corresponding part simultaneously. Essentially, the performance of one condition is dependent on the simultaneous performance of the other, making them mutually reliant for the contract to proceed.
Here are some examples:
Buying a coffee at a cafe: When you order a coffee, you typically pay for it at the same moment the barista hands you the cup. Your payment and the barista's delivery of the coffee are concurrent conditions. You are not expected to pay and then wait indefinitely for your coffee, nor is the barista expected to give you the coffee before you are ready to pay.
This illustrates a concurrent condition because both parties' performances—the customer's payment and the cafe's delivery of the product—are expected to occur simultaneously for the transaction to be completed.
Local online marketplace transaction: Imagine you agree to buy a used book from someone you met through an online marketplace. You arrange to meet in person for the exchange. At the meeting, you hand over the agreed-upon cash, and the seller simultaneously hands you the book. The exchange of money for the book are concurrent conditions.
This demonstrates a concurrent condition because neither party is obligated to perform their part (hand over the cash or the book) until the other is ready to perform theirs at the exact same time. The contract is fulfilled by this simultaneous exchange.
Final payment for a completed service: A freelance web designer completes a new website for a client. Their contract states that the designer will provide the final website files and launch the site *at the same time* the client makes the final payment. The delivery of the finished website and the final payment are concurrent conditions.
This is a concurrent condition because the designer is not required to deliver the final product until the client is ready to pay, and the client is not required to make the final payment until the designer is ready to deliver the completed website. Both actions must happen together.
Simple Definition
A concurrent condition refers to mutually dependent obligations in a contract that must be performed simultaneously by both parties. Neither party is required to perform their part until the other party is ready and willing to perform at the same time, making one's performance a condition precedent to the other's.