Regarding the waiver of an express condition, which statement 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)

Waiver of an express condition can happen without explicit language. A condition can be waived by conduct that shows an intent to relinquish strict adherence, or by a party’s explicit agreement to proceed without insisting on the condition. When the condition depends on a party’s actions, those actions are evaluated under a good-faith standard to ensure the party isn’t unreasonably thwarting performance. Therefore, the statement that an express condition can be waived only by express language is false. Hindering its occurrence or interfering with its occurrence is not a typical or valid way to waive a condition—instead, such conduct can amount to breach or interference. The idea that waivers must be solely by express language ignores the common-law idea of waiver by conduct and the good-faith obligation governing dependent conditions.