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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. "
The Law Magazine and Review: For Both Branches of the Legal Profession at ... - Página 106
1901
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Term Reports in the Court of King's Bench, Volumen8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...law will excuse him; but when the party, by his own contract, creates a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding...accident by inevitable necessity, because he might save provided agaiust it by hie contract." So, in this case, there ] 799. was one accident against...
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A Digest of the Laws of England Respecting Real Property, Volumen3

William Cruise - 1818
...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...
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A Treatise of Equity: With the Addition of Marginal References and ..., Volumen1

Henry Ballow, John Fonblanque - 1820
...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...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 668 páginas
...duty, and the party is 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...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...
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A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - 1824 - 650 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...he 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...
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Reports of Cases Argued and Determined in the Court of Common ..., Volumen3

Great Britain. Court of Common Pleas, Sir John Bernard Bosanquet, Sir Christopher Puller - 1826
...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...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volumen3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826
...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...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volumen4

Virginia. Supreme Court of Appeals, Peyton Randolph - 1827
...law will excuse him; as in case of waste, if a house be destroyed by tempest or enemies. But, when a party, by his own contract, creates a duty or charge...notwithstanding any accident by inevitable necessity; as if a tenant covenants to repair, and the house be destroyed by lightning or enemies, he is bound...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 660 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...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 660 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;...he might have provided against it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown...
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