The Existence of Intermediate Terms Is Best Explained by the Fact

The existence of intermediate terms is best explained by the fact that

A) contractual parties sometimes do not specify whether a term should be considered a condition precedent or a condition subsequent.
B) the courts are willing to mediate a dispute between some contractual parties, but not others.
C) some terms are more difficult to breach than warranties, but easier to breach than conditions.
D) it is sometimes appropriate to wait and see how a breach actually affects the parties before determining whether or not the right to discharge should arise.
E) the innocent party sometimes should receive damages for some of its losses, but not others.