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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. "
Irish Chancery Reports: Being a Series of Reports of Cases Argued and ... - Σελίδα 214
των Ireland. High Court of Chancery - 1852
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 σελίδες
...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
...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 upon himself, he is bound...notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel out of any part of the...

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

Henry Ballow, John Fonblanque - 1820 - 492 σελίδες
...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
...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 upon 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
...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 upon 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
...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...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...

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
...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...

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

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 σελίδες
...him, and hath no remedy over, there the law will excuse him; but where 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...

Reports of Cases Argued and Determined in the Court of Appeals of ..., Τόμος 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...him, and hath no remedy over, there the law will excuse him; 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 necessity; because he might have provided...




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