 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1845 - 930 σελίδες
...it was holden that the plea was insufficient, and that the defendant must pay his rent ; for where a party, by his own contract, creates a duty or charge upon himself, he is bound to nuke it good, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Great Britain. Bail Court - 1846 - 1082 σελίδες
...distinction between a duty created by law, and one created by the party. For when 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 : as in waste, if a house be destroyed by tempest, or... | |
 | Thomas Platt - 1847 - 928 σελίδες
...founded on a distinction between a duty created by the act of law and the act of the party ; for " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ;" as formerly in the case of waste (y), if a house were destroyed by tempest, or by enemies, the lessee... | |
 | Charles Broadbelt Claydon - 1847 - 524 σελίδες
...engrafted upon it bj implication, as an excuse for its performance (9). The rule is clear, that, where a party by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; notwithstanding any accident by inevitable necessity ; because he might... | |
 | Charles Greenstreet Addison - 1849 - 686 σελίδες
...it was resolved that the matter of the plea was insufficient." And this difference was taken, that where the law creates a duty or charge, and the party...remedy over there, the law will excuse him ; but when (u) Hoe v. liell, 5 TR 472. Jtichanlton. v. .!., Coe v. Clay, 3 M. & P. 59 ; 5 Bing. 469, sc GKfford,... | |
 | Joseph Kinnicut Angell - 1849 - 808 σελίδες
...responsible for any loss or injury which might happen, if the 1 And see Cayle's case, 8 Co. R. 33. When the law creates a duty or charge and the party is disabled to perform it, without any default in in him, and has no remedy over, then the law will excuse him. But when a party, by his own contract,... | |
 | Joseph Kinnicut Angell - 1851 - 836 σελίδες
...performing the contract.2 There is a distinction founded in reason and authority, which is, that when the law creates a duty or charge, and the party is...disabled to perform it, without any default in him, and has no remedy over, then the law will excuse him ; but when the party, by his own contract, creates... | |
 | Joseph Story - 1851 - 732 σελίδες
...as 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 or charge upon himself, he is 1 Jones on Bailm. 43, 44, 45. a Doct. and Stud. Dial. 2, ch. 38 ; Ante, § 35. 3 2 Ld. Raym. 909, 911,... | |
 | 1851 - 844 σελίδες
...wherewith he kills another." Paradine v. Jane, ( Aleyn. 26,) " When the law creates a duty or charge, if the party is disabled to perform it, without any default in him, and he has a remedy over, the law will excuse him, as in waste, if a house be destroyed by tempest or enemies,... | |
 | Herbert Broom - 1852 - 616 σελίδες
...then, a general rule which admits of ample practical illustration, that impotentia excusat legem ; where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and has no remedy over, there the law will in general excuse him.3 enforce any one to do a thing which... | |
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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... 
