But the judge is not going to order the student to pay -- not in the first case, because the contract between the student and the teacher is not fulfilled yet (the condition precedent is not met). But just because the student wins in the first trial does not mean that the student's duty to pay under the contract is extinguished. Since the student won the trial, the contract now obligates him to pay -- and the judgment from the first trial does not and cannot affect that -- there is a new duty upon the student now.
金笔 发表评论于
I think we first have to know "what is at the stake". What? It was about the half of the payment. So, the Judge have to decide should the student pay or not. If the Judge ordered the student pay, then it meant that the student lost the case, and then he should not pay, and then...
呵呵。
HCC 发表评论于
Well, this is what I thought:
The student is going to win the trial (since the "condition precedent" for payment has not yet occurred). Upon the student's winning, however, the "condition precedent" is satisfied. Thus, the teacher is entitled to recover.
The student mistakenly thought that winning the trial means that he has no more obligation to pay -- and that is erroneous. The scope of the trial does not encompass the satisfaction of the "condition precedent." In other words, if the teacher brings a second lawsuit to recover, the teacher should win.