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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 contract. "
Reports of Cases Argued and Determined in the English Courts of Common Law ... - Stran 821
avtor: Great Britain. Courts - 1871
Celotni ogled - O knjigi

The American museum, or, Repository of ancient and modern ..., Količina 2

Mathew Carey - 1789 - 632 strani
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life, or...
Celotni ogled - O knjigi

A Review of the Laws of the United States of North America, the British ...

1790 - 286 strani
...286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed....
Celotni ogled - O knjigi

A General Abridgment of Law and Equity: Alphabetically Digested ..., Količina 11

Charles Viner - 1792 - 540 strani
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe...
Celotni ogled - O knjigi

A Digest of the Laws, of England Respecting Real Property, Količina 3

William Cruise - 1804 - 596 strani
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe....
Celotni ogled - O knjigi

Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 strani
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,...
Celotni ogled - O knjigi

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 strani
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . Where the law creates a duty or charge*, and the party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse...
Celotni ogled - O knjigi

Reports of Cases Argued and Determined in the Courts of Common ..., Količina 3

Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 696 strani
...in Hadley v. Clarke, appears to me to be founded on much good ferde. The third refolution is, that " where the law creates a duty or charge, and the party is difabled to perform it without any aft in him, and hath no remedy over, there the law will excufe him...
Celotni ogled - O knjigi

Term Reports in the Court of King's Bench, Količina 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 strani
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " 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 himeelf, he is bound to make...
Celotni ogled - O knjigi

An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 strani
...358. (cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse...
Celotni ogled - O knjigi

A Treatise on Equity: With the Addition of Marginal References ..., Količina 1

Henry Ballow, John Fonblanque - 1820 - 492 strani
...by law, if the party is disabled from performing it without any default in him, and hath no remedy, the law will excuse him ; as in the case of waste,...by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty or charge upon himself, he is bound to make...
Celotni ogled - O knjigi




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