Legal Dictionary of Pakistan

constructive condition

A condition contained in an essential contractual term that, though omitted by the parties from their agreement, a court has supplied as being rea-sonable in the circumstances; a condition imposed by law to do justice. ( The cooperation of the parties to a contract, for example, is a constructive condition. - Also termed implied-in-law condition; condition implied by law; condition implied in law"[C]onstructive conditions are imposed by law to do justice .... The dividing line between an express condition . . . and constructive conditions is often quite indistinct. Yet, the distinction is often of crucial importance. The general rule governing an express condition is that it must be strictly performed. The general rule as to constructive conditions is that substantial compliance is sufficient." John D. Calamari & Joseph M. Perillo, The Law of Contracts § 11.8, at 402 (4th ed. 1998).