 | Charles Barton - Conveyancing - 1821 - 586 pages
...(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,... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...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... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...Lawrence, 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 - Covenant - 1829 - 724 pages
...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 - Civil procedure - 1830 - 684 pages
...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... | |
 | Law - 1833 - 560 pages
...different reasonings on which they proceed. In Aleyne's Reports, 27. this distinction is taken : — ' 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... | |
 | Law reports, digests, etc - 1869 - 1032 pages
...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...without any default in him, and hath no remedy over, there the law will excuse him." Hall v. Wright (4) is in the plaintiff's favour. [MONTAGUE SMITH, J.... | |
 | Law - 1832 - 504 pages
...; 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, 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... | |
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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. 
