 | William Cruise - 1818 - 540 Seiten
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity; because he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 Seiten
...party, by his own contract, creates a duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against such liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - 1822 - 722 Seiten
...perform it without any default in him, and he has no remedy over, the law will excuse him : but when the party by his own contract creates a duty or charge...necessity ; because he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the... | |
 | Francis Ludlow Holt - 1824 - 680 Seiten
...party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 Seiten
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Draddy v..Dea~ c'>n,S t'ern. 242. tends to shew, -that an embargo... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 Seiten
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Druddy v. Deacon, 2 Vern. 242. tends to shew, that an embargo dissolves... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 Seiten
...but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable...necessity; because he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff,... | |
 | Thomas Platt - 1829 - 720 Seiten
...GOD. act of God. j ane ( a ) } has often been recognised in courts of law as a sound one ; ie when a party by his own contract creates a duty or charge...necessity; because he might have provided against it by his contract (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being... | |
 | 1833 - 560 Seiten
...without any default in him, and he hath no remedy over, there the law will excuse him; but, when the party by his own contract creates a duty or charge...necessity; because, he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750.... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - 1832 - 614 Seiten
...as an excuse for its non-performance. In that case the rule of law laid down in Paradine v. Jane (a) applies, viz. " That where a party by his own contract...necessity, because he might have provided against it by his contract." We think, therefore, the rule for a new trial must be refused. Rule refused. (a) Alley... | |
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But 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. 
