 | William Selwyn - 1812 - 700 Seiten
...reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . Where the law creates a duty or charge*, and the party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse him ; but, Where the party, by his own... | |
 | Francis Buller - 1817 - 684 Seiten
...(cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse him ; but where... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 Seiten
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him;... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 Seiten
...Hadley v. Clarke, appears to me to be founded on much good sense. The third resolution is, that where the law creates a duty or charge, and the party is disabled to perform it, without any act in him, and hath no remedy over, there the law will excuse him; but... | |
 | Thomas Platt - 1829 - 720 Seiten
...flood of water, or overturned by an irresistible wind, will not effect his discharge (c). But where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him,... | |
 | Elijah Paine - 1830 - 684 Seiten
...from performing it, without any default on his part, Inrroanco. ' - ' , and has not any remedy over, the law will excuse him ; but where the party by his own contract, imposes on himself a duty or charge, he is bound to make it good, notwithstanding inevitable accident;... | |
 | 1833 - 560 Seiten
...reasonings on which they proceed. In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him;... | |
 | 1832 - 504 Seiten
...Saund. 422, note by Williams (2) ; 6 TR 750. 148 Law of Bailments. [Jan. tinction is taken : " Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him... | |
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And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. 
