 | Ireland. High Court of Chancery - 1852 - 780 σελίδες
...tempest or enemies the v " lessee is excused." " But when the party, by his own contract, M,CANN. " 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... | |
 | Henry Flanders - 1853 - 584 σελίδες
...tion of law, and express covenants. The latter are taken more strictly. And for the reason that when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, and is not excused, although prevented by inevitable necessity, because it is said he might have provided... | |
 | Great Britain. Parliament. House of Lords - 1855 - 852 σελίδες
...in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused. But when the party by his own contract creates a duty...make it good, if he may, notwithstanding any accident CLARK by inevitable necessity, because he might have provided A°S!|?.^NCE against it by his contract... | |
 | Conway Robinson - 1855 - 884 σελίδες
...if he is disabled from performing it without any fault of his own. Yet when by his own contract he 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... | |
 | United States. Court of Claims - 1856 - 656 σελίδες
...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 a duty...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. It that case, which... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 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...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by the contract' " This judgment... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 σελίδες
...to perform it without any default in him, and he has no remedy over, the law will excuse him ; but when the party, by his own contract, creates a duty or charge upon himself, he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | United States. Congress. Senate - 1856 - 594 σελίδες
...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 a duty or charge upon himself, he is'bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because... | |
 | Georgia. Supreme Court - 1856 - 736 σελίδες
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 σελίδες
...the case of Paradine v. Jane has been often recognised in courts of law as a sound one, ie that, " when the party, by his own contract, creates a duty...make it good, if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract." And this has... | |
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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. 
