 ... 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
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1844 - 1274 pages
...will hold this bad been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. creates a duty or charge upon himself, he is bound...necessity, because he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...default in him, and hath no remedy over, he will be excused ; but when, by his own express contract, he creates a duty or charge upon himself, he is bound...make it good, if he may, notwithstanding any accident even by inevitable necessity, because he might have provided against it by his contract. If, therefore,... | |
 | Law - 1842 - 536 pages
...arguendo, 10 East, 530, rage of the wind or tempest without fault in the lessee, which is no waste. 1 And where a party by his own contract creates a duty or charge on himself, he is bound to make it good notwithstanding any accident by inevitable necessity, or to... | |
 | Alfred Dowling, Vincent Dowling - Civil procedure - 1844 - 1158 pages
...them. This was to be collected from the case of Paradine v. Jane (a), where it was laid down, that where a party by his own contract creates a duty or...necessity, because he might have provided against it by the contract. There was nothing alleged in the defendant,s pleas in this case, which shewed that it... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 800 pages
...Eq. Jur. ยง 765-768. (6) This point was expressly determined in Phillips v. Stevens, 16 Mass. 238. Where a party by his own contract, creates a duty or charge upon himself, he is bound, notwithstanding any inevitable accident, to make it good, if he con. Thus a lessee could not be released... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 586 pages
...embargo of our own government to Falmouth, in her way out. And Lawrence, J. referred to All. 27, " that where a party by his own contract creates a duty or...upon himself, he is bound to make it good, if he may, notwiihstanding any accident by inevitable necessity; because he might have provided against it by... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1845 - 930 pages
...term; and it was holden that the plea was insufficient, and that the defendant must pay his rent ; for where a party, by his own contract, creates a duty or charge upon himself, he is bound to nuke it good, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...principle on which this rule depends is, that, if a party, by his own contract, creates a duty or a charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; for, if he had chosen to guard against... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...non-performance. In that case, the rule of law laid down in Paradine v. Jane(e) applies, viz.: 'That where a party by his own contract creates a duty or...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
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