Mary owns a house with a wood-burning fireplace. The chimney will accumulate creosote, which can be flammable. Mary has contracted with June to clean the chimney "as needed". The contract states that each time June cleans the chimney she will be paid $300. The contract starts on October 1, 2020, and goes until September 30, 2025. It is now October 2, 2021, and June has never cleaned the chimney. Due to the accumulation of creosote, the chimney catches fire and burns the house down. The loss is $400,000. Mary has now sued June for breach of contract and wants $400,000 in damages. Who will win and why? You must find the correct legal issue, state the rule of law, and then complete the legal analysis. Complete IRAC analysis of all of the above legal issues.

I - Issue

R - Rule

A - Analysis

C - Conclusion

The rule is Condition Precedent.