 | Henry Flanders - Maritime law - 1853 - 584 pages
...tion of law, and express covenants. The latter are taken more strictly. And for the reason that when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, and is not excused, although prevented by inevitable necessity, because it is said he might have provided... | |
 | Great Britain. Parliament. House of Lords - Appellate procedure - 1855 - 852 pages
...case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused. But when the party by his own contract creates a duty or charge...make it good, if he may, notwithstanding any accident CLARK by inevitable necessity, because he might have provided A°S!|?.^NCE against it by his contract... | |
 | Commerce - 1855 - 800 pages
...without any default in himself, and has no remedy, even, then 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, notwithstanding any accident or delay by inevitable necessity, because he might have provided against... | |
 | Conway Robinson - Actions and defenses - 1855 - 884 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 accident by inevitable necessity ; because he might have provided against it by... | |
 | United States. Court of Claims - Law reports, digests, etc - 1856 - 656 pages
...it 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...he might have provided against it by his contract. It that case, which was an action of debt for rent, the defendant pleaded that a certain German prince,... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
...non-performance. In that case, the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract creates a duty or charge...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 case... | |
 | Joseph Story - Bailments - 1856 - 728 pages
...case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge...notwithstanding any accident by inevitable necessity ; i Dig. Lib. 4, tit. 9, 1. 5, § 1 ; Pothier, Pand. Lib. 4, tit. 9, n. 8 ; Post, § 37. u .Jones on... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - Landlord and tenant - 1856 - 1138 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 good his contract, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Georgia. Supreme Court - Equity - 1856 - 736 pages
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | United States. Congress. Senate - United States - 1856 - 594 pages
...it 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 himself, he is'bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because... | |
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... 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. 
