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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. "
A Practical Treatise on the Law of Covenants - Σελίδα 580
των Thomas Platt - 1829 - 660 σελίδες
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A Digested Index to the Term Reports: Containing All the Points of Law ...

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - 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, in ...

Nicholas Baylies - 1814
...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...

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, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 658 σελίδες
...therefore is excufed; for the rule of law, as laid down in Para dine v. Jane; Ahyn, 27. is, that " when a party by „ his own contract creates a duty or charge upon himfelf, he is bound to make it good, if he may, notwith (land ing any accident by inevitable necelfity,...

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
...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...accident by inevitable necessity, because he might save provided agaiust it by hie contract." So, in this case, there ] 799. was one accident against...

A Digest of the Laws of England Respecting Real Property, Τόμος 3

William Cruise - 1818
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to...

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

Henry Ballow, John Fonblanque - 1820
...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 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 such...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...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, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay...

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

Charles Barton - 1821
...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, 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
...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 or charge...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became...

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...




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