 | Charles Viner - 1792 - 704 страници
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by... | |
 | Robert Joseph Pothier - 1806 - 712 страници
...difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is bound to make it good if he may, notwithftanding any accident by inevitable... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 страници
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
 | Nicholas Baylies - 1814 - 576 страници
...1 When the law creates a duty, and the party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his...or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 страници
...creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him;...by his own contract, creates a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 страници
...as in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a...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 such... | |
 | CHARLES BARTON - 1821 - 580 страници
...for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | Charles Barton - 1821 - 586 страници
...duty, and the party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | Francis Ludlow Holt - 1824 - 680 страници
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 страници
...perform it, without any act in him, and 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 il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided... | |
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But when 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 or inevitable necessity, because he might have provided against it by his contract. 
