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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. "
A Practical Treatise on the Law of Covenants - Σελίδα 273
των Thomas Platt - 1829 - 660 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The Law of Landlord and Tenant: Including Leases, Assignments, Tenants in ...

William Woodfall - 1802 - 717 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...

A Treatise on the Law of Obligations, Or Contracts, Τόμος 1

Robert Joseph Pothier - 1806
...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...

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
...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,...

A Digested Index to the Modern Reports, of the Courts of Common Law, in ...

Nicholas Baylies - 1814
...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...

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
...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...

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

Charles Barton - 1821
...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,...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...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,...

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

Virginia. Supreme Court of Appeals, Peyton Randolph - 1827
...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...

The Legal Observer, Or, Journal of Jurisprudence, Τόμος 7

1833
...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...

The American Jurist and Law Magazine, Τόμος 7

1832
...6 TR 750. 148 Law of Bailments. [Jan. tinction 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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