 ... 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.  Term Reports in the Court of King's Bench - Seite 267von Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817Vollansicht - Über dieses Buch
 | Francis Buller - 1817 - 684 Seiten
...358. (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... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 Seiten
...as in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the 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,... | |
 | Charles Barton - 1821 - 586 Seiten
...(to be hereafter noticed) which are implied by operation of law : for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself,... | |
 | CHARLES BARTON - 1821 - 580 Seiten
...those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself,... | |
 | William Woodfall - 1822 - 722 Seiten
...was expressly bound to pay rent during the term (a). The rule is, that when the law creates a duty, and the party is disabled to 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... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 Seiten
...Hud/et/ T. Cfarke, 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 where a party by his own contract... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 Seiten
...Had/ey v. Clarke, appears to me to b« 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 where a party by his own contract... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 Seiten
...in 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 where a party, by his own contract,... | |
 | Thomas Platt - 1829 - 724 Seiten
...and broken down (c). And the distinction taken in the books is this : when the law creates a duty, and the party is disabled to 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... | |
 | Elijah Paine - 1830 - 684 Seiten
...clearly.77 Covenants in large and general terms have been frequently narrowed and confined.78 Acciden1, Where the law creates a duty or charge, and the party is cu8c8 per- disabled from performing it, without any default on his part, Inrroanco. ' - ' , and has... | |
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