 | William Woodfall - 1890 - 936 σελίδες
...liability, should give a regular notice to quit. The reason is, that when t he 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... | |
 | Robert Hutchinson - 1891 - 1234 σελίδες
...Dunkirk, even in the circumstances which I have stated. The propositions of law in Paradine v. Jane are ' 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 make... | |
 | Justus Hendrik Lodewijk Bergsma - 1892 - 174 σελίδες
...dit beginsel uitgesproken door Lord KENÏOX, in een beslissing aangehaald bij MACHLACHLAN p. 544: „ Where the law creates a duty or charge, and the party is disabled to perform it without nny i»ct in him, and hath ne remedy over, there the law will excuse him; but when a party by his own... | |
 | Frederick Parker Walton - 1893 - 592 σελίδες
...contracts is against this view. In the leading English case of Paradine v. Jane,2 it is stated thus : — " Where the law creates a duty or charge, and the party...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... | |
 | James Paterson - 1895 - 1142 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. So of an escape. So in 9 Ed.... | |
 | Sir William Reynell Anson - 1895 - 434 σελίδες
...should have come. But the Court held that this -was no excuse ; ' and this difference wns taken, that where the law creates a duty or charge and the party...perform it without any default in him, and hath no is applicable on'y if there be clay.' The cases arc indistinguishable, and the conflict of judicial... | |
 | 1896 - 590 σελίδες
...him and kept him out of possession. This was held insufficient. " 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 duty or charge upon himself, he is bound to... | |
 | John Frederic Clerk, William Harry Barber Lindsell - 1906 - 990 σελίδες
...is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him " (e). For the acts of war committed by the subjects of a state at war with this country there is no... | |
 | Thomas Johnson Michie - 1907 - 888 σελίδες
...charge upon himself which he is bound to make Rood even against inevitable accident. Where, however, the law creates a duty or charge, and the party is disabled from performing it, without his fault, a different rule prevails. White v. Stewart, 76 Va. 546, 564.... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Alfred Taylour Hunter - 1908 - 1216 σελίδες
...is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and the party...it without any default in him, and hath no remedy orer, there the law will excuse him " (e). For the acts of war committed by the subjects of a state... | |
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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... 
