 | Mathew Carey - 1789 - 632 pages
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life,... | |
 | Comparative law - 1790 - 286 pages
...278, 286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed.... | |
 | Charles Viner - Law reports, digests, etc - 1792 - 540 pages
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe... | |
 | William Cruise - Real property - 1804 - 596 pages
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe.... | |
 | William Selwyn - Nisi prius - 1812 - 700 pages
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . 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 any remedy over, the law will excuse... | |
 | Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself,... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates a duty or charge upon... | |
 | Francis Buller - Actions and defenses - 1817 - 684 pages
...Lutw. 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... | |
 | CHARLES BARTON - 1821 - 580 pages
...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,... | |
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... [B]ut 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. 
