 | Isaac Grant Thompson - 1876 - 842 σελίδες
...construed against the principle now insisted on. It is as follows: "And this difference was taken, that where the law creates a duty or charge and the party...disabled to perform it without any default in him and nath no remedy over, there the law will excuse him, as in the case of waste, if a house be destroyed... | |
 | Standish Grove Grady - 1876 - 698 σελίδες
...the principle that when the law imposes a duty or charge, and the party is disabled from performing it, without any default in him, and hath no remedy...there the law will excuse him ; but when the party * Hare v. Groves, 3 Anst. 687, and the tenant will not be relieved from this obltgation even in equity.... | |
 | David Maclachlan - 1876 - 1114 σελίδες
...impossible, is no answer to an action on a contract, that still remains obligatory notwithstanding. " Where the law creates a duty or charge, and the party is disabled to pei-form it without any act in him, and hath no remedy over, there the law will excuse him ; but where... | |
 | Sir William Reynell Anson - 1879 - 486 σελίδες
...should have come. But the Court held that this was no excuse ; ' and this difference was taken, that where the law creates a duty or charge and the party...any default in him, and hath no remedy over, there tJie law will promising that, if another will let out his ship on certain terms, he will enable him... | |
 | Sir William Reynell Anson - 1880 - 442 σελίδες
...should have come. But the court held that this was no excuse; " 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 *315 the case of Waste, if a house be destroyed by tempest, or by enemies, the lessee is excused... | |
 | James Thomas Foard - 1880 - 678 σελίδες
...any accident by inevitable necessity, because he might have provided against it by his contract. . . Where the law creates a duty or charge, and the party...and hath no remedy over, there the law will excuse him."3 It was also urged that this was not an inevitable accident. The court decided that there was... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 788 σελίδες
...counsel for the plaintiffs: — The distinction taken in the books is this : 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 " if the defendants had chosen to except any loss of any " kind,... | |
 | Charles Greenstreet Addison - 1881 - 820 σελίδες
...from the premises by alien enemies, his plea was held insufficient. (y~) It was there resolved that, "where the law creates a duty or charge, and the party...no remedy over, there the law will excuse him"; but " where the party by his own contract creates a duty or charge upon himself, he is bound to make it... | |
 | Isaac Grant Thompson - 1881 - 968 σελίδες
...Sauuder's Reports, 2 Saund. 69; Walton v. Waterhouse, id. 422, note 2. " When the law creates adnty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse it, as in waste, if a house be destroyed by tempest or by... | |
 | 1882 - 772 σελίδες
...any accident by inevitable necessity, because he might have provided against it by his contract, but where the law creates a duty or charge and the party...hath no remedy over, there the law will excuse him " : Paradine v. Jane. (I) Moreover, s. 43 of the General Act of 1847, which fixes a penalty for the... | |
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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... 
