Questions: Listen Which of the following is the key difference between conditions subsequent and conditions precedent? A) Quality of performance B) Number of contracting parties C) Duration of performance D) Timing of the duty to perform E) Divisibility of contract

The answer is D: Timing of the duty to perform.

Explanation for each option:

A) Quality of performance - This option is incorrect. Conditions subsequent and conditions precedent do not primarily concern the quality of performance. Instead, they relate to the timing and occurrence of certain events that affect contractual obligations.

B) Number of contracting parties - This option is incorrect. The number of contracting parties is not a distinguishing factor between conditions subsequent and conditions precedent. Both types of conditions can apply to contracts with any number of parties.

C) Duration of performance - This option is incorrect. The duration of performance is not the key difference between conditions subsequent and conditions precedent. These conditions are more about when obligations are triggered or terminated rather than how long they last.

D) Timing of the duty to perform - This option is correct. The key difference between conditions subsequent and conditions precedent is the timing of the duty to perform. A condition precedent is an event that must occur before a party is obligated to perform a contractual duty. In contrast, a condition subsequent is an event that, if it occurs, can terminate an existing duty to perform.

E) Divisibility of contract - This option is incorrect. Divisibility of a contract refers to whether a contract can be divided into separate parts, which is not directly related to the distinction between conditions subsequent and conditions precedent.