 | William Woodfall - 1802 - 736 σελίδες
...during the term. The rule is, that when the law creates a duty, and the 6T. R. 751. party is 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 contraft creates a duty or charge upon himfelf, he is bound... | |
 | Robert Joseph Pothier - 1806 - 712 σελίδες
...referred to in fome of the preceding cafes is, tb-u when the law creates a duly, and the party is 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... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 σελίδες
...broken down by an extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,... | |
 | Nicholas Baylies - 1814 - 576 σελίδες
...brukea down by an extraordinary flood. Brecknock, Xfc. Navigation Си. v. 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 when the party by his own contract creates... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 σελίδες
...contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, 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... | |
 | CHARLES BARTON - 1821 - 580 σελίδες
...In which they differ from those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a 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 or charge upon himself,... | |
 | Charles Barton - 1821 - 586 σελίδες
...which they differ from those (to be hereafter noticed) which are implied by operation of law : for when the law creates a 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 duty or charge upon himself,... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 σελίδες
...way of exemplifying them; the substance of &c' which was, that when the law creates a duty or charge, and the party is disabled to perform it without any default in him, and has no remedy over, there the law will excuse him; as in case of waste, if a house be destroyed by... | |
 | 1833 - 560 σελίδες
...In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him; but, when the party by his own contract creates... | |
 | Joseph Story - 1832 - 460 σελίδες
...they proceed. In Aleyne's R. 27, this distinction is taken : " Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him ; but when the party by his own contract creates... | |
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And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. 
