Supervening Impossibility of Performing Conditions Precedent, 22 Columbia Law Review 421 (1922)
The life history of a contract may be outlined as follows: First, preliminary inquiries and negotiations wholly inoperative as to legal consequences; secondly, a communication by one party called .an offer, an act operating to create in the offeree a legal power, and usually leaving in the offerer a power of revocation; thirdly, action by the offeree called acceptance, making what we are accustomed to call a contract (the rules as to mutual assent, consideration, form, and legality being complied with) ; fourthly, performance or breach; and lastly, discharge. Observe that this is a mere outline of history, covering all the contractual ages from embryo to tombstone. To fill in all the details of this outline would require from four to seven volumes.
Date of Authorship for this Version
Corbin, Arthur, "Supervening Impossibility of Performing Conditions Precedent" (1922). Faculty Scholarship Series. Paper 2930.