The seller is excused from the duty of performance on the nonoccurrence of presupposed conditions that were a basic assumption of the contract, unless the seller has expressly assumed the risk.

Question

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Under contract law, if certain presupposed conditions that were a fundamental basis of the contract do not occur, the seller may be excused from performing their obligations, unless they explicitly agreed to take on the risk of those conditions not being met. This principle acknowledges that contracts are often made with underlying assumptions, and if those assumptions fail without the fault of the seller and they haven't agreed to bear that risk, they may not be held liable for non-performance.

The Seller Is Excused from the Duty of Performance on the Nonoccurrence