 | Mathew Carey - 1789 - 632 Seiten
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life, or... | |
 | 1790 - 286 Seiten
...286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed.... | |
 | Charles Viner - 1792 - 540 Seiten
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe... | |
 | William Cruise - 1804 - 596 Seiten
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe.... | |
 | Robert Joseph Pothier - 1806 - 712 Seiten
...difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is bound to make it good if he may, notwithftanding any accident by inevitable... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 Seiten
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself,... | |
 | William Selwyn - 1812 - 700 Seiten
...the 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... | |
 | Nicholas Baylies - 1814 - 576 Seiten
...1 When the law creates a duty, and the party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity.... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 Seiten
...they should have introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge,...the party, by his own contract, creates a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable... | |
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... [B]ut when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. 
