...without any default in him, and hath no remedy over, there the law will excuse him. . . . But where the party by his own contract creates a duty or charge...notwithstanding any accident by inevitable necessity, because he miglit have provided against it by his contract." To this rule three exceptions have long been recognised:...

...cited in support of this assertion is Paradine v. Jane, where the court stated in dictum: "when the party by his own contract creates a duty or charge upon himself, he is hound to make it good, if he may, notwitbstanding any accident by inevitable necessity, because he...

...Gericht war jedoch der Ansicht, daß Mr. Jane trotzdem zur Zahlung des Pachtzinses verpflichtet sei: „When a party by his own contract creates a duty...necessity, because he might have provided against it by his contract.""1 Spätestens jetzt hatte sich das Prinzip der Vertragskontinuität als Grundregel etabliert,...

...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...he might have provided against it by his contract. And therefore if the lessee covenant to repair a house, though it be burnt by lightening or thrown...

...th-century dictum that was to gain wide acceptance, the Court of King's Bench declared that: 'When the party by his own contract creates a duty or charge...he might have provided against it by his contract. And therefore if the lessee covenant to repair a house, though it be burnt by lightning, or thrown...

...klagte wegen Nichterfüllung des Vertrages Das Gericht beschrieb die Garantiehaftung: ".. 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 because he might have provided against it...

...on by way of contract the court stated that: When the party by his own conduct creates a duty or a charge upon himself he is bound to make it good, if...he might have provided against it by his contract. The plaintiff submits that the defendants could have included the term in this contract specifically...

...defense that the King's enemies had dispossessed him of his tenancy for about two years. The court held: 'When a party by his own contract creates a duty or...charge upon himself, he is bound to make it good, if he may,6 notwithstanding any accident by inevitable necessity, because he might have provided against...

...unimpressed with these authorities, stating that by the common law of England "when the party by his contract creates a duty or charge upon himself, he is bound to make it good . . . notwithstanding any accident by inevitable necessity, because he might have provided against...

...therefore, he could not be liable for the rent.269 However, the court held him liable, stating: "When the party by his own contract creates a duty or charge...necessity, because he might have provided against it by his contract."270 The rule or doctrine of absolute contracts did provide that if performance were or had...