 | 1869 - 1032 σελίδες
...service. The law will not imply any exception. Paradiite v. Jane (3) points out the distinction : " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him." Hall v. Wright (4) is in the plaintiff's favour. [MONTAGUE SMITH, J. — There it was not impossible... | |
 | Joseph Story - 1832 - 460 σελίδες
...750. cile the cases, or to point out the different reasonings, on which they proceed. In Aleyne's R. 27, this distinction is taken : " Where the law creates...disabled to perform it 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... | |
 | 1832 - 504 σελίδες
...Mass. R. 238 ; 2 Saund. 422, note by Williams (2) ; 6 TR 750. 148 Law of Bailments. [Jan. tinction is taken : " Where the law creates a duty or charge,...disabled to perform it 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... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 σελίδες
...a defence to a suit for failure to perform the contract ? It is very clear that it would not. When the law creates a duty or charge, and the party is...without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his own contract creates a duty or charge upon... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 σελίδες
...Paradine v. Jane (j), cited by Laicrence, Justice, in Hadley v. Clarke, this distinction b taken, " when the law creates a duty or charge, and the party is...but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by... | |
 | Joseph Story - 1840 - 686 σελίδες
...out the different reasonings, on which they proceed. In a leading case, the following distinction was taken; "Where the law creates a duty or charge, and...disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him ; as in the case of waste, if a house be destroyed... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 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...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused ;... | |
 | Archibald John Stephens - 1842 - 1072 σελίδες
...landlord for a moiety of the expense of rebuilding such party wall. (1) " Where the law creates a duty, and the party is disabled 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... | |
 | Francis Vesey, Great Britain. Court of Chancery - 1844 - 800 σελίδες
...Jur. § 765-768. (6) This point was expressly determined in Phillips v. Stevens, 16 Mass. 238. Where a party by his own contract, creates a duty or charge upon himself, he is bound, notwithstanding any inevitable accident, to make it good, if he con. Thus a lessee could not be released... | |
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... 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 he might have provided... 
