Tuesday, January 6, 2015
THE PASSAGE OF TIME AS A NON-CONDITION FOR CONTRACTUAL DUTIES
A condition is an act or event agreed upon in a contract, the occurrence of which gives rise to further contractual duties by one or both of the parties in a contract. The passage of time is not considered to be a condition that gives rise to contractual duties. This is simply ridiculous. The reason that time is not considered to be a condition in a contractual setting is because it is constant and guaranteed to occur. We don’t know that for sure. The only thing we do know about time is that it has occurred, not that it is going to occur. Our powers of observation and the way that we know things are backward looking devices. We know things because we observe, analyze, and conclude. Because of this we can’t ever really know that time will occur, we merely know that time has occurred. Any forward looking statement about the way things will be is just a prediction or a guess because the future has not yet been observed. Therefore, the only thing we know about time is that it has occurred. We can’t guarantee or know that time will continue to move forward. In fact the universe could just implode in on itself right now, or another “big-bang” of sorts could occur. Or a huge asteroid can hit Earth destroying the planet, and time as we have come to observe it can end. Time itself cannot be said to be certain- we can’t know that time will move forward for sure. Therefore the passage of time should be considered to be a condition in a contractual setting.
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