 ... 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
 | Great Britain. Parliament. House of Lords - 1855 - 852 Seiten
...a defence against paying the rent. But the plea was resolved to be insufficient ; because, although "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. But... | |
 | 1855 - 800 Seiten
...particularly mentioned. This covenant is absolute and unqualified. It ¡к a well-settled rule that where the law creates a duty or charge, and the party...is disabled to perform it, without any default in himself, and has no remedy, even, then the law will excuse him; but when the party, by his own contract,... | |
 | United States. Court of Claims - 1856 - 656 Seiten
...leading case of Paradine vs. Jane Aleyn, R. 207, it has been the settled doctrine of the common law, that where the law creates a duty or charge, and 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,... | |
 | United States. Congress. Senate - 1856 - 594 Seiten
...case of Paradine vs. Jane Alcyn, 11. 2fi7, it has been the settled doctrine of the common law that where the law creates a duty or charge, and 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,... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 Seiten
...his liability, should give a regular notice to quit. 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... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 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... | |
 | United States. Court of Claims - 1858 - 998 Seiten
...in the market. In the leading case of Paradise vs. Jane, Aleyn 26, the law was thus stated : " 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... | |
 | John Scott, Great Britain. Court of Common Pleas - 1859 - 518 Seiten
...[WiLLES, J.—Paradine v. Jane, Aleyn 27, seems to show -that the deduction was properly made; for, " when the party by his own contract creates a duty or charge upon himself, he *1931 *' s bo un d to ma k fi 't goo(l, if he may, notwithstanding any acciJ he had made... | |
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