| 词汇 | Condition |
| 释义 | `1`Condition `2` "Legal Lexicon": CONDITION - Persons. The situation in civil society which creates certain relations between the individual to whom it is applied and one or more others, from which mutual rights and obligations arise. Thus the situation arising from marriage gives rise to the conditions of husband and wife that of paternity to the conditions of father and child. In contracts every one is presume to know the condition of the person with whom he deals. A man making a contract with an infant cannot recover against him for a breach of the contract on the ground that he was not aware of his condition unless such lack of knowledge was due to fraud by the other party. In its most extended meaning, a condition is a clause in a contract or agreement which has for its object to suspend, rescind or modify the principal obligation; or in case of a will, to suspend, revoke, or modify the devise or bequest. In many cases it is by itself an agreement. In pleading, according to the course of the common law, the bond and its condition are to some intents and purposes regarded as distinct things. A condition is any portion of an agreement which regulates what the parties have a mind should be done if a case they foresee should come to pass. Conditions sometimes suspend the obligation when it is to have no effect until they are fulfilled. E.g., if I bind myself to pay you one thousand dollars on condition that the ship Thomas Jefferson shall arrive in the United States from Havre, the contract is suspended until the arrival of the ship. The condition sometimes rescinds the contract. E.g., when I sell you my horse on condition that he shall be alive on the first day of January, and he dies before that time. A condition may modify the contract. E.g., if I sell you two thousand bushels of corn, upon condition that my crop shall produce that much, and it produces only fifteen hundred bushels. In a less extended acceptation, but in a true sense, a condition is a future and uncertain event, on the existence or non-existence of which is made to depend either the accomplishment, the modification or the rescission of an obligation or testamentary disposition. There is a marked difference between a condition and a limitation. When a gift may defeated upon the happening of an uncertain event, it is called a condition, but when it is given to be enjoyed until the event arrives, it is a limitation. It is not easy to say when a condition will be considered a covenant and when not, or when it will be held to be both. Events foreseen by conditions are of three kinds. Some depend on the acts of the persons who deal together, as if the agreement should provide that a partner should not join another partnership. Others are independent of the will of the parties. E.g., if I sell you one thousand bushels of corn on condition that my crop shall not be destroyed by a fortuitous event or act of God. Some depend in part on the contracting parties and partly on the act of God. E.g., if it be provided that such merchandise shall arrive by a certain day. A condition may be created by inserting the very word 'condition,' or 'on condition,' in the deed or agreement. There are, however, other words that will do so as effectually, as 'proviso,' 'if,' etc. Conditions are of various kinds; 1. as to their form, they are express or implied. This division is of feudal origin. 2. As to their object, they are lawful or unlawful; 3. as to the time when they are to take effect, they are precedent or subsequent; 4. as to their nature, they are possible or impossible 5. as to their operation, they are positive or negative; 6. as to their divisibility, they are copulative or disjunctive; 7. as to their agreement with the contract, they are consistent or repugnant; 8. as to their effect, they are resolutory or suspensive. An express condition is one created by express words. For instance, a condition in a lease that if the tenant shall not pay the rent at the day, the lessor may reenter. Go to Condition2 |
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