 | Great Britain. Courts - 1864 - 820 σελίδες
...that case the rule of law laid down in Paradine v. Jane, Alleyn's Rep. 27, applies, viz. "That where a party by his own contract creates a duty or charge...he might have provided against it by his contract." We think, therefore, the rule for a new trial must be refused. Rule refused. SMITH v. WALTON and Another.... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 482 σελίδες
...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 a duty or charge...he might have provided against it by his contract." It may be further observed, that, in the case at bar, there was nothing unlawful in the contract itself,... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 σελίδες
...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...necessity, because he might have provided against it by bis contract. And there accordingly it was held no plea to an action for rent reserved by lease that... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 σελίδες
...without any default in himself, and has no remedy over, then the law will excuse him ; but where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have provided against... | |
 | United States. Supreme Court - 1870 - 820 σελίδες
...perform it without any default in him, and hath no remedy over, there the law will excuse him But where a 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 Argument for the owner of the soil. house, though... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 σελίδες
...to a tenement, if the same be destroyed by tempest or 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, notwithstanding any accident by inevitable necessity, because he might have provided against it by... | |
 | Nathan Howard (Jr.) - 1866 - 618 σελίδες
...XXX 8 People agt. Cook. then the law will excuse him, but where the party by his own contract ereates a duty or charge upon himself, he is bound to make it good, notwithstanding any aecident or delay by inevitable necessity, because he might have provided against... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 σελίδες
...non-performance. In that case the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract creates a duty or charge...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 σελίδες
...although it had become impossible, without any default on the part of the plaintiff; that " whenever a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." See, also, Chitty on Contracts, 734. In the case before us, the relation of landlord and tenant did... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 σελίδες
...Ch.J. " No rule of law is more firmly established by a long train of decisions than this, that where a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." In reference to the hardship of such a rule, the Court very justly says : " No matter how harsh and... | |
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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. 
