 | International Correspondence Schools - 1903 - 636 σελίδες
...NY 411 (1850); LR 4Q. B. (Ensr.) "« LR 4 Ex. (Eng.) 269 (1871). 51. The well-settled rule is that where the law creates a duty or charge, and the party...is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse him.1" For example, the duty of a common... | |
 | Philip Taylor Van Zile - 1902 - 856 σελίδες
...violation.' And it is also said to be a general rule, admitting of ample practical illustration, ' that where the law creates a duty or charge, and the party is unable to perform it without any default in him, and has no remedy over, there the law will in general... | |
 | John Neilson Taylor - 1904 - 676 σελίδες
...law or in equity.1 It is to be observed that all such cases depend upon the general rule that, when the law creates a duty or charge, and the party is disabled from performing it, without his fault, and he has no remedy over against some other person, the law will excuse him ; but when... | |
 | Samuel Williston - 1904 - 696 σελίδες
...alien enemies, and his plea was held insufficient. The material resolution of the court was, 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 ;... | |
 | Manfred Nathan - 1904 - 686 σελίδες
...In the case cited, Smith, J., quoted with approval the dictum in Hadley vs. Clark (8 TR 267), that " Where the law creates a duty or charge and the party is disabled to perform it without any fault in him and hath no remedy over, then the law will excuse him ; but... | |
 | 1904 - 1078 σελίδες
...the premises until after the lease expired. There was no answer as to one quar, ter. The court said: "Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, . . . there the law will excuse him; . . . but when the party... | |
 | Abraham Clark Freeman - 1904 - 1180 σελίδες
...the premises until after the lease expired. There was no answer as to one quarter. The court eaid: "Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, .... there the law will excuse him; .... but when the party... | |
 | John Davison Lawson - 1905 - 726 σελίδες
...Imposed by Law and by Contract Distinguished. An obligation imposed by law is always reasonable, and when the law creates a duty or charge and the party is disabled from performing it without any fault in him, the law will excuse him. Thus in the case of waste 3 Phillips v. Taylor, 49 NY Sup. Ct.... | |
 | Alexander James Dallas - 1905 - 560 σελίδες
...algo, a building cove- 230; 1'iggot v. Mason, 1 Paige 412. Pollard v. Shaffer. It is also agreed, 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 he shall be excused. As,... | |
 | John Chipman Gray - 1905 - 726 σελίδες
...whole army had been alien enemies, yet he ought to pay his rent. 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... | |
| |
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. 
