Regarding the waiver of an express condition, which of the following statements is FALSE?

• A. An express condition can be waived only by express language.
• B. A party may waive an express condition by hindering its occurrence.
• C. A party may waive an express condition by wrongfully interfering with its occurrence.
• D. When the occurrence of an express condition depends on the actions of a party, the actions undertaken by the party are judged by a good-faith standard.

Answer: (A)

The concept here is that waiving an express condition can happen through conduct, not just through explicit words. An express condition isn’t limited to a written or spoken waiver; when a party acts in a way that undermines or prevents the condition from occurring, that conduct can operate as a waiver. For example, hindering the occurrence of the condition shows an intent to waive it, and so does wrongfully interfering with its occurrence—both demonstrate that the party is not insisting on strict adherence to the condition.

When a condition’s occurrence depends on one party’s actions, those actions must be considered in light of good faith. The other party is entitled to rely on a good-faith approach to determine whether conduct amounts to a waiver of the condition and to assess appropriateness of continuing with performance.

Therefore, the statement claiming waivers can only be made through express language is false, because waivers by conduct are a recognized part of contract doctrine.