 ... 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
 | 1833 - 560 Seiten
...point out the different reasonings on which they proceed. In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge,...disabled to perform it 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... | |
 | 1869 - 1032 Seiten
...service. The law will not imply any exception. Paradiite v. Jane (3) points out the distinction : " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him." Hall v. Wright (4) is in the plaintiff's favour. [MONTAGUE SMITH, J. — There it was not impossible... | |
 | Joseph Story - 1832 - 460 Seiten
...or to point out the different reasonings, on which they proceed. In Aleyne's R. 27, this distinction is taken : " Where the law creates a duty or charge,...disabled to perform it 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... | |
 | 1832 - 504 Seiten
...Mass. R. 238 ; 2 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,...disabled to perform it 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... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 Seiten
...a defence to a suit for failure to perform the contract ? It is very clear that it would not. When the law creates a duty or charge, and the party is...without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his own contract creates a duty or charge upon... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 Seiten
...Paradine v. Jane (j), cited by Laicrence, Justice, in Hadley v. Clarke, this distinction b taken, " when the law creates a duty or charge, and the party is...but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by... | |
 | Joseph Story - 1840 - 686 Seiten
...out the different reasonings, on which they proceed. In a leading case, the following distinction was taken; "Where the law creates a duty or charge, and...disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him ; as in the case of waste, if a house be destroyed... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 Seiten
...whole army had been alien enemies, yet he ought to pay his rent And this difference was taken, that where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused ;... | |
 | Archibald John Stephens - 1842 - 1072 Seiten
...landlord for a moiety of the expense of rebuilding such party wall. (1) " Where 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... | |
| |
