| Trucking
Terminology:
18
wheeler
3PL
agent
available truckloads
b-train
backhaul
big truck
broker
brokerage
bulk
bulk carrier
bulk freight
cargo
cargo carrier
carrier
cartage
cdl
cdl test
Central Refridgerated
common carrier
Contract Carrier
credit reports
deadhead
delivery
delivery service
direct drive
Direct shipper
dispatch
Dispatcher
distribution
driver
Driver log
driving
driving careers
Driving direction
driving jobs
dry box
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Edge truckers
eflatbed
end dump
end dump trailer
equipment
expedite
expedited
expedited trucking
factoring
fast cash
find a truck
find freight
find loads
flat
flatbed
flatbed freight
flatbed trucking
fleet
Flying J
forwarder
forwarding
free postings
freeloads
freight
freight broker
freight carrier
freight company
freight find
freight finder
freight forwarder
freight forwarders
freight forwarding
freight line
freight matching
freight matching services
freighter
freighting
Fuel Optimization
Fuel Tax
get loaded
haul
haulage
hauling
heavy haul
hopper
Hotshot
IFS
independent truck driver
Intermediary
intermodal
Internet truckstop
just in time
Lading Bill
less than a truck load
less than truckload
live floor trailer
load
load board
load match
load matching
load planning
loadboard
loading dock loads
loads online
Logistics
long haul
ltl
matching
mileage
online freight
operator
OTR
Over the road trucking
owner
owner operator
owner operator truck
driver
pick ups
pigg back
piggy-back
post
post loads
private fleet
quote
reefer
reefers sale
refridgerated
refrigerated
refrigerated truck
road conditions
roadlink
route
searching
semi
semi trailer
semi truck
sending
service logistics
ship
shipment
shipper
shipping
short haul
specialty equipment
speedway
Supply Chain
Supply Chain management
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temperature controlled
third party logistics
ton
tracing
tracking
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Traffic management
Traffic manager
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transport
transportation
Transportation Directory
truck
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Truck Driving Job
Truck Driving School
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Truck loads
trucker
trucker news
trucker edge
truckin
trucking
Trucking Broker
trucking co
trucking company
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trucking links
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truckload rate truckload
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Van
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Road
Condition
Pronunciation:
ro
n. 1. A journey, or stage of a journey.
With easy roads he came to Leicester.
- Shak.
2. An inroad; an invasion; a raid.
3. A place where one may ride; an open way or public passage for
vehicles, persons, and animals; a track for travel, forming a means
of communication between one city, town, or place, and another.
The most villainous house in all the London road.
- Shak.
4. A place where ships may ride at anchor at some distance from
the shore; a roadstead; - often in the plural; as, Hampton Roads.
Now strike your saile, ye jolly mariners,
For we be come unto a quiet rode [road].
- Spenser.
On the road
traveling or passing over a road; coming or going; traveling; on
the way.
My hat and wig
will soon be here,
They are upon the road.
- Cowper.
The highway robber - road agent he is quaintly called.
- The century.
Noun 1. road - an open way (generally public) for travel or transportation
Synonyms: route
2. road - a way or means to achieve something; "the road to
fame"
Adj. 1. road - taking place over public roads; "road racing"
Antonyms:
cross-country - moving across open country rather than following
tracks or roads; "a cross-country race"
2. road - working for a short time in different places; "itinerant
laborers"; "a road show"; "traveling salesman";
"touring company"
Synonyms: touring, traveling, itinerant
ROAD. A passage through the country for the use of the people. 3
Yeates, 421.
2. Roads are public or private. Public roads are laid out by public
authority, or dedicated by individuals to public use. The public
have the use of such roads, but the owner of the land over which
they are made and the owners of land bounded on the highway, have,
prima facie, a fee in such highway, ad medium filum vice, subject
to the easement in favor of the public. 1 Conn. 193; 11 Conn. 60;
2 John. 357 15 John. 447. But where the boundary excludes the highway,
it is, of course, excluded. 11 Pick. 193. See 13 Mass. 259. The
proprietor of the soil, is therefore entitled to all the fruits
which grow by its side; 16 Mass. 366, 7; and to all the mineral
wealth it contains. 1 Rolle, 392, 1. 5; 4 Day, R. 328; 1 Conn'.
Rep, 103; 6 Mass. R. 454; 4 Mass, R. 427; 15 Johns. Rep. 447, 583;
2 Johns. R. 357; Com. Dig. Chimin, A 2; 6 Pet. 498; 1 Sumn. 21;
10 Pet. 25; 6 Pick. 57; 6 Mass. 454; 12 Wend. 98.
3. There are public roads, such as turnpikes and railroads, which
are constructed by public authority, or by corporations. These are
kept in good order by the respective companies to which they belong,
and persons travelling on them, with animals and vehicles, are required
to pay toll. In general these companies have only a right of passage
over the land, which remains the property, subject to the easement,
of the owner at the time the road was made or of his heirs or assigns.
4. Private roads are, such as are used for private individuals only,
and are not wanted for the public generally. Sometimes roads of
this kind are wanted for the accommodation of land otherwise enclosed
and without access to public roads. The soil of such roads belongs
to the owner of the land over which they are made.
5. Public roads are kept in repair at the public expense, and private
roads by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn.
Rep. 21; 2 Hill. Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass.
R. 454; 4 Mass. R. 427; 15 Mass. Rep. 33; 3 Rawle, R. 495; 1 N.
H. Rep. 16; 1 McCord, R. 67; 1 Conn. R. 103; 2 John. R. 357; 1 John.
Rep. 447; 15 John. R. 483; 4 Day, Rep. 330; 2 Bailey, Rep. 271;
1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736; 7 Taunt. R. 39;
Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R. 473; Crabb,
R. P. Sec. 102-104.
ROAD, mar. law.
A road is defined by Lord Hale to be an open passage of the sea,
which, from the situation of the adjacent land, and its own depth
and wideness, affords a secure place for the common riding and anchoring
of vessels. Hale de Port. Mar. p. 2, c. 2. This word, however, does
not appear to have a very definite meaning. 2 Chit. Com. Law, 4,
5.
To see a road in your dream, indicates your sense of direction and
pursuit of your goals. To see a winding and bumpy road in your dream,
signifies that will find many obstacles and setbacks toward your
goals. You may be met with unexpected difficulties. To see a smooth
road bordered by green trees and flowers, denotes a steady progress
and steady climb up the social ladder. If the road is straight and
narrow, then it means that your path to success is going according
as planned. To see an unknown road in your dream, signifies that
you new project will cause more grief than it is worth and a waste
of time. *Please see also Street.
This page is related to transport; you may be looking for the 2002
Bollywood movie Road. If you were redirected here from "street,"
you may have been looking for Street, Somerset, England.
A road in Japan.A road is a strip of land, smoothed or otherwise
prepared to allow easier travel, connecting two or more destinations.
In the context
of railways, a road is a single track, which may be part of a multi-track
system or may be an isolated line. In the context of sea transport,
a road is an anchorage.
Usage and etymologyIn original usage, a "road" was simply
fit for riding ("road" is cognate with "ride",
e.g.: ships ride at anchor in roads). The word "street"
was kept for roads that had been prepared to ease travel in some
way (thus, many "Roman Roads" have the word "street"
in their names whose origin is the Latin strata, given before the
usage changed).
However modern
usage does not usually make this distinction, and it is only important
since place names often hold the earlier usage in them; these days
roads are also prepared in some way. This includes, at the least,
the removal of trees and smoothing of the ground. In some dialects,
lower grade roads are called trails and wheel tracks, and it is
uncertain where "road" begins and trail ends. Roads are
a prerequisite for road transport of goods on wheeled vehicles.
HistoryMany historical examples exist of road and road-building.
Some of the most famous are the Roman roads and the Incan courier
roads. In ancient times, transport by river was far easier and faster
than travel by road, especially considering the cost of road construction
and the difference in carrying capacity between carts and river
barges - provided only that the rivers were navigable in the right
places; availability of water transport also influenced settlement
patterns. A hybrid of road transport and ship transport is the historic
horse-drawn boat.
During the industrial
revolution, a development of the road was made: the railway. Today,
roads are almost exclusively built to enable travel by car and other
wheeled vehicles, and in most countries road transport is the most
utilized way to move goods.
Roads situated
in cities are often, but not always, called streets or alleys; this
reflects the historical fact that when they were first named there
were more likely to be unmade roads in open country and paved roads
in urban areas. This leads to roads being sometimes named from their
destination or direction, while streets may be named from their
location.
FundingRoad building and maintenance is one of the few areas of
economic activity (compare military spending) that remain dominated
by the public sector (though often through private contractors).
Roads (except those on private property not accessible to the general
public) are typically paid for by taxes (often raised through levies
on fuel), though some public roads are funded by tolls.
Driving on the right or the leftTraffic drives, depending on the
country, either on the right or on the left side of the road, see
Rules of the road.
In countries
where traffic drives on the right, traffic signs are mostly on the
right side of the road, roundabouts (traffic circles) go counter-clockwise,
and pedestrians crossing a two-way road should watch out for traffic
from the left first. In countries where traffic drives on the left,
the reverse is true.
Traffic flow
and road design in both cases are each other's mirror image.
DesignRoad design consists of two important technical aspects:
geometrical
road design
structural road design
Besides these two technical sides of the design, environmental issues,
planning issues and juridical issues are important.
ConstructionRoads
are built by removing vegetation. The soil is tested to see if it
will support weight and if not, a layer of soil is removed and replaced.
The soil is compacted to form what is known as a "base course".
On top of the base course is placed a wearing course which consists
of asphalt or concrete. The main purpose of the wearing course is
to prevent moisture from entering the road.
Roads are constructed
using a variety of road building equipment.
Modern roads,
and indeed many ancient ones, such as those built by the Romans,
feature a convex lateral surface known as camber. This is designed
to allow water to drain away from the road to its edges. Water is
then carried away by gutters to drains placed at intervals. Some
roads don't have gutters and water simply drains away to a naturally
porous verge, or into ditches. Modern roads that carry high speed
traffic also employ camber in curves to aid traffic stability by
allowing them to "bank into" the bend to some extent.
On the side
of the road there may be retroreflectors on pegs, rocks or crash
barriers, white toward the direction of the traffic on that side
of the road, and red toward the other direction. In the road surface
there may be cat's eyes: retroreflectors that protrude slightly,
but which can be driven over without damage.
Road signs are
often also made retroreflective. For greater visibility of road
signs at daytime, sometimes fluorescence is applied to get very
bright colors.
Terminology asphalt (also called bitumen)
autobahn
autoroute
bottleneck
boulevard
cat's eye
chicane
corniche
cul-de-sac
curb extension
freeway
green lane (road)
hard shoulder
highway
mountain pass
milestone
motorway
pedestrian crossing
performance
public space
road safety
road junction
roundabout intersection
toll road
traffic calming
traffic sign
See alsoInca
road system
List of roads and highways
Reclaim the Streets
External links
List of countries where traffic drives on the left, as well as historical
background.
http://www.travel-library.com/general/driving/drive_which_side.htmlWhich
side of the road do they drive on?]
Related Words
Autobahn, US highway, access, air lane, alley, alleyway, anchorage,
anchorage ground, approach, approaches, arm, armlet, arterial, arterial
highway, arterial street, artery, autoroute, autostrada, avenue,
basin, bay, bayou, beat, belt, belt highway, berth, bight, blind
alley, boca, boulevard, breakwater, bulkhead, bypass, byway, camino
real, carriageway, causeway, causey, channel, chaussee, chuck, circuit,
circumferential, close, corduroy road, county road, course, court,
cove, creek, crescent, cul-de-sac, dead-end street, dike, direction,
dirt road, dock, dockage, dockyard, drag, driveway, dry dock, embankment,
entree, estuary, euripus, expressway, fairway, fjord, flight path,
freeway, frith, gravel road, groin, gulf, gut, harbor, harborage,
haven, highroad, highways and byways, inlet, interstate highway,
itinerary, jetty, jutty, kyle, landing, landing place, landing stage,
lane, line, local road, loch, main drag, main road, marina, means,
method, mews, mole, moorings, motorway, mouth, narrow, narrow seas,
narrows, natural harbor, orbit, parkway, passage, path, pave, paved
road, pier, place, plank road, port, primary highway, primrose path,
private road, procedure, protected anchorage, quay, reach, riding,
right-of-way, ring road, roadbed, roads, roadstead, roadway, round,
route, route nationale, row, royal road, run, sea lane, seaport,
seawall, seaway, secondary road, ship route, shipyard, shortcut,
slip, sound, speedway, state highway, steamer track, strait, straits,
superhighway, technique, terrace, thoroughfare, through street,
thruway, toll road, tour, township road, track, trade route, traject,
trajectory, trajet, turnpike, walk, waterway, wharf, wynd More Related
Words and Usage Samples
bird road runner two for the road road house condition road state
off road wheels the long road copperhead road hit the road jack
wyoming road map good bye yellow brick road condition manitoba road
road runner hawaii jeep off road road show time warner cable road
runner road racing country road yellow brick road on the road again
road star road kill simpsons road rage road trip planning mail road
runner off road warehouse canada road map california road condition
alberta road map toll road off road racing texas road house cartoon
road runner plan a road trip usa road map california road map thunder
road off road go cart on the road real world road rule challenge
road test 4x4 off road florida road map the road less traveled inferno
real road rule world houston road runner off road accessory robert
frost road not taken off road magazine off road part abbey road
road runner cable real road rule world road runner internet road
rule veronica off road go karts united state road map blog real
road rule world road map of ontario road rash road america road
to perdition road bicycle road bike review us road map road construction
road direction texas road map road warrior plymouth road runner
off road vehicle open road road runner time warner dirt red road
road king silk road end of the road email road runner off road truck
the road not taken road rule road runner sports road runner home
page road condition long island rail road road trip planner off
road tire road rage road runner record mail road runner web road
safety road atlas road and track road bike off road tires antique
road show road conditions on road road road sign road trip road
signs road maps off road road map road runner Con`di´tion
n. 1. Mode or state of being; state or situation with regard to
external circumstances or influences, or to physical or mental integrity,
health, strength, etc.; predicament; rank; position, estate.
I am in my condition
A prince, Miranda; I do think, a king.
- Shak.
And O, what man's condition can be worse
Than his whom plenty starves and blessings curse?
- Cowley.
The new conditions of life.
- Darwin.
2. Essential quality; property; attribute.
It seemed to us a condition and property of divine powers and beings
to be hidden and unseen to others.
- Bacon.
3. Temperament; disposition; character.
The condition of a saint and the complexion of a devil.
- Shak.
4. That which must exist as the occasion or concomitant of something
else; that which is requisite in order that something else should
take effect; an essential qualification; stipulation; terms specified.
I had as lief take her dowry with this condition, to be whipped
at the high cross every morning.
- Shak.
Many are apt to believe remission of sins, but they believe it without
the condition of repentance.
- Jer. Taylor.
5. (Law) A clause in a contract, or agreement, which has for its
object to suspend, to defeat, or in some way to modify, the principal
obligation; or, in case of a will, to suspend, revoke, or modify
a devise or bequest. It is also the case of a future uncertain event,
which may or may not happen, and on the occurrence or non-occurrence
of which, the accomplishment, recission, or modification of an obligation
or testamentary disposition is made to depend.Equation of condition
(Math.) See under Equation.
On condition
used for if in introducing conditional sentences.
Conditions of sale
the terms on which it is proposed to sell property by auction; also,
the instrument containing or expressing these terms.
- Shak.
v. i. 1. To make terms; to stipulate.
[imp. & p. p. Conditioned ; p. pr. & vb. n. Conditioning.]
Pay me back my credit,
And I'll condition with ye.
- Beau. & Fl.
2. (Metaph.) To impose upon an object those relations or conditions
without which knowledge and thought are alleged to be impossible.
To think of a thing is to condition.
- Sir W. Hamilton.
v. t. 1. To invest with, or limit by, conditions; to burden or qualify
by a condition; to impose or be imposed as the condition of.
Seas, that daily gain upon the shore,
Have ebb and flow conditioning their march.
- Tennyson.
2. To contract; to stipulate; to agree.
It was conditioned between Saturn and Titan, that Saturn should
put to death all his male children.
- Sir W. Raleigh.
3. (U. S. Colleges) To put under conditions; to require to pass
a new examination or to make up a specified study, as a condition
of remaining in one's class or in college; as, to condition a student
who has failed in some branch of study.
4. To test or assay, as silk (to ascertain the proportion of moisture
it contains).
5. train; acclimate.
Noun 1. condition - a state at a particular time; "a condition
(or state) of disrepair"; "the current status of the arms
negotiations"
Synonyms: status
2. condition - a mode of being or form of existence of a person
or thing; "the human condition"
3. condition - an assumption on which rests the validity or effect
of something else
Synonyms: precondition, stipulation
4. condition - (usually plural) a statement of what is required
as part of an agreement; "the contract set out the conditions
of the lease"; "the terms of the treaty were generous"
Synonyms: term
5. condition - the state of (good) health (especially in the phrases
`in condition' or `in shape' or `out of condition' or `out of shape')
Synonyms: shape
6. condition - information that should be kept in mind when making
a decision; "another consideration is the time it would take"
Synonyms: consideration, circumstance
7. condition - the procedure that is varied in order to estimate
a variable's effect by comparison with a control condition
Synonyms: experimental condition
Verb 1. condition - establish a conditioned response
2. condition - train by instruction and practice; especially to
teach self-control; "Parents must discipline their children";
"Is this dog trained?"
Synonyms: discipline, train, check
3. condition - specify as a condition or requirement in a contract
or agreement; make an express demand or provision in an agreement;
"The will stipulates that she can live in the house for the
rest of her life"; "The contract stipulates the dates
of the payments"
Synonyms: specify, stipulate, qualify
4. condition - put into a better state; "he conditions old
cars"
5. condition - apply conditioner to in order to make smooth and
shiny; "I condition my hair after washing it"
CONDITION, contracts, wills. In its most extended signification,
a condition is a clause in a contract or agreement which has for
its object to suspend, to rescind, or to modify the principal obligation;
or in case of a will, to suspend, revoke, or modify the devise or
bequest. 1 Bouv. Inst. n. 730. It ii in fact by itself, in many
cases, an agreement; and a sufficient foundation as an agreement
in writing, for a bill in equity, praying for a specific performance.
2 Burr. 826. 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. 1 Saund. Rep. by Wms. 9 b. Domat has
given a definition of a condition, quoted by Hargrave, in these
words: "A condition is any portion or agreement which regulates
what the parties have a mind should be done, if a case they foresee
should come to pass." Co. Litt. 201 a.
2. Conditions sometimes suspend the obligation; as, when it is to
have no effect until they are fulfilled; as, 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.
3. The condition sometimes rescinds the contract; as, 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.
4. A condition may modify the contract; as, 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.
5. 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.
6. There is a marked difference between a condition and a limitation.
When a in is given generally, but the gift may defeated upon the
happening of an uncertain event, the latter is called a condition
but when it is given to be enjoyed until the event arrives, it is
a limitation. See Limitation; Estates. It is not easy to say when
a condition will be considered a covenant and when not, or when
it will be holden to be both. Platt on Cov. 71.
7. 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, as, 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,
as, if it be provided that such merchandise shall arrive by a certain
day.
8. 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, &c. Bac.
Ab. Conditions, A.
9. Conditions are of various kinds; 1. as to their form, they are
express or implied. This division is of feudal origin. 2 Woodes.
Lect. 138. 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. is 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. These
will be severally considered.
10. An express condition is one created by express words; as for
instance, a condition in a lease that if the tenant shall not pay
the rent at the day, the lessor may reenter. Litt. 328. Vide Reentry.
11. An implied condition is one created by law, and not by express
words; for example, at common law, the tenant for life holds upon
the implied condition not to commit waste. Co. Litt. 233, b.
12. A lawful or legal condition is one made in consonance with the
law. This must be understood of the law as existing at the time
of making the condition, for no change of the law can change the
force of the condition. For example, a conveyance was made to the
grantee, on condition that he should not aliens until be reached
the age of twenty-five years. Before he acquired this age be aliened,
and made a second conveyance after he obtained it; the first deed
was declared void, and the last valid. When the condition was imposed,
twenty-five was the age of majority in the state; it was afterwards
changed to twenty-one. Under these circumstances the condition was
held to be binding. 3 Miss., R. 40.
13. An unlawful or illegal condition is one forbidden by law. Unlawful
conditions have for their object, 1st. to do something malum in
se, or malum prohibitum; 2d. to omit the performance of some duty
required by law 3d. to encourage such act or omission. 1 P. Wms.
189. When the law prohibits, in express terms, the transaction in
respect to which the condition is made, and declares it void, such
condition is then void; 3 Binn. R. 533; but when it is prohibited,
without being declared void, although unlawful, it is not void.
12 S. @ R. 237. Conditions in restraint of marriage are odious,
and are therefore held to the utmost rigor and strictness. They
are contrary to sound policy, and by the Roman law were all void.
4 Burr. Rep. 2055; 10 Barr. 75, 350; 3 Whart. 575.
14. A condition precedent is one which must be performed before
the estate will vest, or before the obligation is to be performed.
2 Dall. R. 317. Whether a condition shall be considered as precedent
or subsequent, depends not on the form or arrangement of the words,
but on the manifest intention of the parties, on the fair construction
of the contract. 2 Fairf. R. 318; 5 Wend. R. 496; 3 Pet, R. 374;
2 John. R. 148; 2 Cain es, R. 352; 12 Mod. 464; 6 Cowen, R. 627
9 Wheat. R. 350; 2 Virg. Cas. 138 14 Mass. R. 453; 1 J. J. Marsh.
R. 591 6 J. J. Marsh. R. 161; 2 Bibb, R. 547 6 Litt. R. 151; 4 Rand.
R. 352; 2 Burr. 900
15. A subsequent condition is one which enlarges or defeats an estate
or right, already created. A conveyance in fee, reserving a life
estate in a part of the land, and made upon condition that the grantee
shall pay certain sums of money at divers times to several persons,
passes the fee upon condition subsequent. 6 Greenl. R. 106. See
1 Burr. 39, 43; 4 Burr. 1940. Sometimes it becomes of great importance
to ascertain whether the condition is precedent or subsequent. When
a precedent condition becomes impossible by the act of God, no estate
or right vests; but if the condition is subsequent, the estate or
right becomes absolute. Co. Litt. 206, 208; 1 Salk. 170.
16. A possible condition is one which may be performed, and there
is nothing in the laws of nature to prevent its performance.
17. An impossible condition is one which cannot be accomplished
according to the laws of nature; as, to go from the United States
to Europe in one day.; such a condition is void. 1 Swift's Dig.
93; 5 Toull. n. 242- 247. When a condition becomes impossible by
the act of God, it either vests the estate, or does not, as it is
precedent or subsequent: when it is the former, no estate vests
when the latter, it becomes absolute. Co. Litt. 206, a, 218, a;
3 Pet. R. 374; 1 Hill. Ab. 249. When the performance of the condition
becomes impossible by the act of the party who imposed it, the estate
is rendered absolute. 5 Rep. 22; 3 Bro. Parl. Cas. 359. Vide 1 Paine's
R. 652; Bac. Ab. Conditions, M; Roll. Ab. 420; Co. Litt. 206; 1
Rop. Leg. 505; Swinb. pt. 4, s. 6; Inst. 2, 4, 10; Dig. 28, 7, 1;
Id. 44, 7, 31; Code 6, 25, 1; 6 Toull. n. 486, 686 and the article
Impossibility.
18. A positive condition requires that the event contemplated shall
happen; as, If I marry. Poth. Ob. part 2, c. 3, art. 1, Sec. 1.
19. A negative condition requires that the event contemplated shall
not happen as If I do not marry. Potb. Ob. n. 200.
20. A copulative condition, is one of several distinct-matters,
the whole of which are made precedent to the vesting of an estate
or right. In this case the entire condition must be performed, or
the estate or right can never arise or take place. 2 Freem. 186.
Such a condition differs from a disjunctive condition, which gives
to the party the right to perform the one or the other; for, in
this case, if one becomes impossible by the act of God, the whole
will, in general, be excused. This rule, however, is not without
exception. 1 B. & P. 242; Cro. Eliz. 780; 5 Co. 21; 1 Lord Raym.
279. Vide Conjunctive; Disjunctive.
21. A disjunctive condition is one which gives the party to be affected
by it, the right to perform one or the other of two alternatives.
22. A consistent condition is one which agrees with other parts
of the contract.
23. A repugnant condition is one which is contrary to the contract;
as, if I grant to you a house and lot in fee, upon condition that
you shall not aliene, the condition is repugnant and void, as being
inconsistent with the estate granted. Bac. Ab. Conditions L; 9 Wheat.
325; 2 Ves. jr. 824.
24. A resolutory condition in the civil law is one which has for
its object, when accomplished the revocation of the principal obligation.
This condition does not suspend either the existence or the execution
of the obligation, it merely obliges the creditor to return what
he has received.
25. A suspensive condition is one which suspends the fulfilment
of the obligation until it has been performed; as, if a man bind
himself to pay one -hundred dollars, upon condition that the ship
Thomas Jefferson shall arrive from Europe. The obligation, in this
case, is suspended until the arrival of the ship, when the condition
having been performed, the obligation becomes absolute, and it is
no longer conditional. A suspensive condition is in fact a condition
precedent.
26. Pothier further divides conditions into potestative, casual
and mixed.
27. A potestative condition is that which is in the power of the
person in whose favor it is contracted; as, if I engage to give
my neighbor a sum of money, in case he outs down a tree which obstructs
my. prospect. Poth. Obl. Pt. 2, c. 3, art. 1, Sec. 1.
28. A casual condition is one which depends altogether upon chance,
and not in the power of the creditor, as the following: if I have
children; if I have no children; if such a vessel arrives in the
United States, &c. Poth. Ob. n. 201. 29. A mixed condition is
one which depends on the will of the creditor and of a third person;
as, if you marry my cousin. Poth. Ob. n. 201. Vide, generally, Bouv.
Inst. Index, h.t.
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. Domat, tom.
2, liv. 1, tit. 9, s. 1, n. 8.
2. 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.
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