 | Theophilus Parsons - 1869 - 730 σελίδες
...duty was to be performed, and to that extent controlled the duty And it is a rule well settled that ' where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, the law will excuse him.' (Paradine v. Jane, Aleyn's R. 27, Harmony v. Bingham, 2 Kern. 99, and cases... | |
 | Georgia. Supreme Court - 1869 - 812 σελίδες
...negligence or neglect on the part of the defendant, and that there was no such proof in the cause; that, where the law creates a duty or charge, and the party is disabled to perform it, and has no remedy over, then the law will excuse him, and that in said cause there was proof of such... | |
 | John Neilson Taylor - 1869 - 820 σελίδες
...cases depend upon the express agreement of the parties ; the general rule of law being, 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... | |
 | Austin Abbott - 1870 - 570 σελίδες
...the contrary. The principle is thus stated in Paradine v. Jane (Aleyn, 26), decided in 1648: ''When a party by his own contract creates a duty or charge upon himself, he * The act of 1860 (Laws of 1860, 592, ch. 345), is as follows : "The lessees or occupants of any building... | |
 | Great Britain. Courts - 1870 - 556 σελίδες
...the performance being illegal and impossible. In Paradine v. Jane, Aleyn 26, it was resolved, that " where the law *creates a duty or charge, and the party is r*74Q disabled to perform it without any default in him, and hath no *remedy over, there the law will... | |
 | 1872 - 926 σελίδες
...which he can not possibly perform:" Broom's Leg. Max., p. 167, or as the principle is stated on p. 168, 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. We might cite many of the rules of law... | |
 | 1872 - 384 σελίδες
...grounded upon Puradine v Jane. Aleyn, 27, in which case the miiterial resolution of the Court was that "where the law creates a duty or charge, and the party...disabled to perform it without any default in him, and halb no remedy over, theu law will excuse him, but when the party by his own contract creates a duty... | |
 | 1872 - 710 σελίδες
...as. in the case of waste, if a house be destroyed by tempi«, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by inevitable... | |
 | India - 1878 - 710 σελίδες
...distinction is made between duties created by law and those created by the person's own contract, " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ; " as in waste, if a house be destroyed by tempest or by enemies, the lessee is excused But, " when... | |
 | 1918 - 502 σελίδες
...(Eng.) 26. It was said he should have provided against this in his contract But it has been said that : "Where the law creates a duty or charge and the party...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,... | |
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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... 
