 | William Cruise - 1818 - 540 páginas
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 páginas
...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 such liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - 1822 - 722 páginas
...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...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became... | |
 | Francis Ludlow Holt - 1824 - 680 páginas
...party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity...might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it either as to performance... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 páginas
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Druddy v. Deacon, 2 Vern. 242. tends to shew, that an embargo dissolves... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 páginas
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Draddy v..Dea~ c'>n,S t'ern. 242. tends to shew, -that an embargo... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 páginas
...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...he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff, in these causes,... | |
 | Thomas Platt - 1829 - 724 páginas
...Paradine v. act of God. jane(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...he might have provided against it by his contract (6) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed by... | |
 | Thomas Platt - 1829 - 720 páginas
...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;...provided against it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown down by enemies,... | |
 | 1833 - 560 páginas
...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 a...he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,... | |
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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 he might have provided against it by his contract," so that it is no excuse... 
