 ... 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
 | Oliver Lorenzo Barbour - 1860 - 716 Seiten
...which would be determined by whatever would determine the duty. And it is a rule well settled, that " where the law creates a duty, or charge, and the party...without any default in him, and hath no remedy over, the law will excuse him." (Aleyn's R. 27. Harmony v. Bingliam, 2 Kern. 99, and cases there cited.)... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 Seiten
...WILLIAMS, in his note to Wo/ton v. Waterhouse (2 Saund., 422), 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... | |
 | Illinois. Supreme Court - 1872 - 640 Seiten
...12 Howard, 279; 14 Wend. 215; 12 Barb. 321; 18 1ll. 489; Edwards on Bailments, 520, 523, 524, 526. Where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon... | |
 | William Selwyn - 1861 - 840 Seiten
...Hush v. Coin, Carth. 23'.'. mises; for the words were words of qualification, and not of contract (A). 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 anv remedy over, the law will excuse... | |
 | David Maclachlan - 1860 - 1046 Seiten
...inipos.... able, is no answer to an action on a contract, that still remains obligatory notwithstanding. " 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... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 484 Seiten
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...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... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 482 Seiten
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...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... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 Seiten
...common counts.* Supreme Ct., 1813, Linningdale D. Livingston, 10 Johns., 36. 915. Disability. \Vhere the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | United States. Supreme Court - 1870 - 820 Seiten
...insufficient," and that " he ought to pay his rent." " And this difference," says Alleyn, " was taken : that where the law creates a duty or charge, and the party...no remedy over, there the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it good,... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 Seiten
...; as in waste to a tenement, if the same be destroyed by tempest or 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, notwithstanding any accident by inevitable necessity, because... | |
| |
