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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. "
Reports of Cases at Law and in Equity Determined by the Supreme Court of the ... - Σελίδα 78
των Iowa. Supreme Court - 1899
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Τόμος 5

Charles Viner - 1792 - 704 σελίδες
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by...

Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 σελίδες
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease...

A Digested Index to the Modern Reports, of the Courts of Common Law ..., Τόμος 1

Nicholas Baylies - 1814 - 576 σελίδες
...the party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge...bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel...

Term Reports in the Court of King's Bench, Τόμος 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 σελίδες
...perform 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 himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...

A Treatise on Equity: With the Addition of Marginal References and ..., Τόμος 1

Henry Ballow, John Fonblanque - 1820 - 492 σελίδες
...the 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 upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against...

Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Τόμος 4

Charles Barton - 1821 - 586 σελίδες
...the party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 σελίδες
...the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 σελίδες
...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 it good if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against...

A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - 1824 - 680 σελίδες
...just principles in Paradine v. Jane, (a) " That when the 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 ; because he might have provided against it by his contract;" and because,...

Reports of Cases Argued and Determined in the Courts of Common ..., Τόμος 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 σελίδες
...therefore is excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when a 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...




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