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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 Determined in the Supreme Court of the State of Washington - Σελίδα 455
των Washington (State). Supreme Court, Eugene Genroy Kreider - 1903
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A General Abridgment of Law and Equity: Alphabetically Digested ..., Τόμος 5

Charles Viner - 1792
...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...

A Digested Index to the Term Reports: Containing All the Points of Law ...

1812 - 666 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, Sir Thomas Edlyne Tomlins, John Ilderton Burn - 1814
...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...

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
...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 of Equity, Τόμος 1

Henry Ballow - 1820
...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...

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

Charles Barton - 1821
...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...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...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...

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

William Woodfall - 1822 - 668 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...

A system of the shipping and navigation laws of Great Britain: and of the ...

Francis Ludlow Holt - 1824 - 650 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...

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

Great Britain. Court of Common Pleas, Sir John Bernard Bosanquet, Sir Christopher Puller, A. Moore - 1826
...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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