 | United States. Supreme Court - 1873 - 740 σελίδες
...of Paradine v. Jane.* The law on this subject is well stated by Sergeant Williams,f where he says: "When the law creates a duty, and the party is disabled to perform it without any default of him, and he has no remedy over, the law will excuse him; us in waste, if a house be destroyed by... | |
 | India - 1878 - 710 σελίδες
...created by law and those created by the person's own contract, " 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 ; " as in waste, if a house be destroyed by tempest... | |
 | Theron Metcalf - 1874 - 404 σελίδες
...is, however, an established difference between a duty created by law and a duty created by contract. When the law creates a duty and the party is disabled to perform it, without any def.iult in him, and he has no remedy over, the law will excuse him. (c) So the non-performance of... | |
 | 1918 - 502 σελίδες
...provided against this in his contract But it has been said that : "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 these, the law will excuse him.'1 If, however, he creates a charge "upon himself,... | |
 | Isaac Grant Thompson - 1876 - 842 σελίδες
...insisted on. It is as follows: "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 nath no remedy over, there the law will excuse him, as in the case of waste, if a house be destroyed... | |
 | Nathaniel Cleveland Moak - 1878 - 940 σελίδες
...contract. In Aleyn, p. 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 hath no remedy over, there the law will excuse him ; but, when the party by his own contract creates... | |
 | Sir William Reynell Anson - 1879 - 486 σελίδες
...that this was no excuse ; ' 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 tJie law will promising that, if another will let out his ship on certain... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 788 σελίδες
...3 D. & R. 388. 4 Breeknock Naviyation v. PritcharJ, 1 TR 750. 5 Per counsel for the plaintiffs: — The distinction taken in the books is this : When...default in him, and he has no remedy over, the law will " if the defendants had chosen to except any loss of any " kind, it should have been introduced into... | |
 | Sir William Reynell Anson - 1880 - 494 σελίδες
...that this was no excuse; "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. As in *315 tlie case of Waste, if a house be destroyed... | |
 | James Thomas Foard - 1880 - 678 σελίδες
...and not considered a warranty.4 It being understood 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." 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. 
