 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 812 σελίδες
...common counts.* Supreme Ct., 1813, Linningdale D. Livingston, 10 Johns., 36. 915. Disability. \Vhere the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | United States. Supreme Court - 1870 - 820 σελίδες
...insufficient," and that " he ought to pay his rent." " And this difference," says Alleyn, " was taken : that where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him But where a party by his own contract creates a duty or charge upon himself, he is bound to make it... | |
 | Great Britain. Courts - 1869 - 1144 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...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 ; Лион. Dyer, 33 a, Co.... | |
 | 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... | |
 | 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... | |
 | Great Britain. Courts - 1871 - 572 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...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: Dyer, 33 a; 1 List.... | |
 | 1901 - 542 σελίδες
...rent should 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. . . but when the party, by his own contract, creates a duty or charge upon himself, he is bound to... | |
 | 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... | |
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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 against it by his... 
