... 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. The Central Law Journal - Page 1811908Full view - About this book
| Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...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, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided... | |
| Thomas Platt - Covenants - 1829 - 720 pages
...GOD. act of God. j ane ( a ) } has often been recognised in courts of law as a sound one ; ie when a party by his own contract creates a duty or charge...necessity; because he might have provided against it by his contract (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being... | |
| Thomas Platt - Covenant - 1829 - 724 pages
...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 or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
| Law - 1833 - 560 pages
...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 a duty or charge...because, he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley... | |
| Law - 1832 - 504 pages
...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 a duty or charge...necessity; because he might have provided against it by his contract." This distinction has the countenance H of highly respectable authorities. l But in the present... | |
| Joseph Story - Bailments - 1832 - 460 pages
...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 a duty or charge...; because he might have provided against it by his contract." This distinction has the countenance of highly respectable authorities.1 But in the present... | |
| Jacob D. Wheeler - Common law - 1835 - 618 pages
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it... | |
| Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...it, 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...necessity, because he might have provided against it by his contract This distinction is founded in reason and authority. Jllleyn, 27. Hadley v. Clarke, (8 TR... | |
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