 | Charles Abbott (Baron Tenterden) - 1856 - 996 σελίδες
...non-performance. In that case, the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a 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... | |
 | United States. Congress. Senate - 1856 - 594 σελίδες
...disabled to perform it without any default in him, and 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 it good, if he may, notwithstanding any accident by inevitable necessity, because... | |
 | Georgia. Supreme Court - 1856 - 736 σελίδες
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 σελίδες
...awarded to the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates...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... | |
 | Alexander Ralston Tiffany - 1859 - 656 σελίδες
...perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity; because he might have provided against... | |
 | John Scott, Great Britain. Court of Common Pleas - 1859 - 518 σελίδες
...[WiLLES, J.—Paradine v. Jane, Aleyn 27, seems to show -that the deduction was properly made; for, " when the party by his own contract creates a duty or charge upon himself, he *1931 *' s bo un d to ma k fi 't goo(l, if he may, notwithstanding any acciJ he had made a mistake,... | |
 | Theophilus Parsons - 1859 - 846 σελίδες
...down in Panwline v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 664 σελίδες
...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...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... | |
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... 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 contract. 
