 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.  The Southwestern Reporter - Page 1371903Full view - About this book
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...law will excuse him; but when the party, by his own contract, creates a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding...accident by inevitable necessity, because he might save provided agaiust it by hie contract." So, in this case, there ] 799. was one accident against... | |
 | William Cruise - Real property - 1818 - 540 pages
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity; because he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years... | |
 | Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...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 such liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...remedy over, 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,...necessity ; because he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the... | |
 | Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...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 his contract;" and because, not having so provided, it is to be intended that heundertook against it... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...be destroyed by tempest or enemies. 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 by inevitable necessity; as if a tenant covenants to repair, and the house be destroyed by lightning or enemies, he is bound... | |
 | Thomas Platt - Covenant - 1829 - 724 pages
...recognised in courts of law as a sound one ; ie when a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may,...necessity ; because he might have provided against it by his contract (6) : therefore, if a lessee covenants to repair, the circumstance of the premises being... | |
 | Thomas Platt - Covenants - 1829 - 720 pages
...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 it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning,... | |
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