 ... 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.  ELEMENTS OF CONVEYANCING - Σελίδα 125των CHARLES BARTON - 1821Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 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... | |
 | Robert Joseph Pothier - 1806 - 712 σελίδες
...difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is bound to make it good if he may, notwithftanding any accident by inevitable... | |
 | 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... | |
 | Nicholas Baylies - 1814 - 576 σελίδες
...Pritchard. 6 Term Hep. 730. 1 When the law creates a duty, and the party is disabled to perform it U'ithout any default in him, the law will excuse him : but...himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 σελίδες
...and the party is disabled to 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,... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 σελίδες
...as in 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...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... | |
 | Charles Barton - 1821 - 586 σελίδες
...duty, and 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...of his covenant, notwithstanding the f Plowd. 3o8. 1 a Mod. 89, 91 ; zFreem. « Wooddes. 86; Rol. Abr. g C and see Leon 122 518 ; Brownl. 23, SC h 1 Rol.... | |
 | William Woodfall - 1822 - 722 σελίδες
...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...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... | |
 | 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;"... | |
 | 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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