 ... 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
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 868 pages
...Story says this is the result of all the cases.* In Paradine v. Jane,f the court said : " When the party by his own contract creates a duty or charge...accident by inevitable necessity, because he might have guarded against it by his contract." Such has always been the rule of the common law. If a lessee covenant... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1870 - 624 pages
...Such prohibition did not dissolve the contract, nor can it absolutely excuse a nonperformance of it. Where a party, by his own contract, creates a duty...charge upon himself, he is bound to make it good, notwithstanding any accident Holyoke v. Depew. by inevitable necessity, because lie might have provided... | |
 | Austin Abbott - Civil procedure - 1870 - 570 pages
...the contrary. The principle is thus stated in Paradine v. Jane (Aleyn, 26), decided in 1648: ''When a party by his own contract creates a duty or charge upon himself, he * The act of 1860 (Laws of 1860, 592, ch. 345), is as follows : "The lessees or occupants of any building... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 552 pages
...in courts of law as a sound one, te, that, when the party by his own contract creates a *8401 d ut y or charge upon *himself, he is bound to make it good...necessity, because he might have provided against it by his contract :' and he refers to several other cases where the same principle has been recognised. The... | |
 | Nathan Howard (Jr.) - Civil procedure - 1871 - 702 pages
...by Mr. Justice EDWARDS in Havemeyer agt. Bingham (12 NY, 99, 107.) Kein ngt. Tapper. He says, " when a party by his own contract, creates a duty or charge upon himself, he is bound to make it good ; notwithstanding any accident or delay by inevitable necessity, because he might have provided against... | |
 | 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 - Law reports, digests, etc - 1867 - 674 pages
...is a settled rule of law that where a party by his own contract absolutely engages to do an act, or creates a duty or charge upon himself, he is bound to make it good notwithstanding any accident or other contingency not foreseen by or within the control of the party,... | |
 | Law - 1901 - 542 pages
...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...necessity, because he might have provided against it by his contract." To this general rule there is a group of exceptions, one of which is that legal impossibility,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1872 - 694 pages
...Paradine v. Jane, Aleyn, 26, has often been recognised in courts of law as a sound one ; ie that when the party by his own contract creates a duty or charge...it good, if he may ; notwithstanding any accident hy inevitable necessity ; because he might have provided against it by his contract :" and he refers... | |
 | Law - 1872 - 384 pages
...perform it without any default in him, and halb no remedy over, theu 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 muy, notwithstanding any accident by inevitable necessity, because he might have provided against it... | |
 | Law reports, digests, etc - 1872 - 710 pages
...But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by...necessity, because he might have provided against it by his contract. A'nd therefore, it the lessee covenant to repair a house, though it be burnt by "lightning,... | |
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