 | 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... | |
 | 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
...and 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 upon 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... | |
 | 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,... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 σελίδες
...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 duty...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... | |
 | Charles Barton - 1821 - 586 σελίδες
...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 duty...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | CHARLES BARTON - 1821 - 580 σελίδες
...duty, and 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...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | William Woodfall - 1822 - 722 σελίδες
...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...make it good if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract (b). Where plaintiff... | |
 | 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... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 σελίδες
...therefore is excused; for the rule of tew, as laid down in Parading v. Jane, Aleyn, 27. is, that " when a party by his own contract creates a duty or charge...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract." But in this case... | |
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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. 
