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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... "
The Law Magazine and Review: For Both Branches of the Legal Profession at ... - Page 106
1901
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The American museum, or, Repository of ancient and modern fugitive ..., Volume 2

Mathew Carey - 1789
...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...
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A Review of the Laws of the United States of North America, the British ...

Courts - 1790 - 255 pages
...278, 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....
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A General Abridgment of Law and Equity: Alphabetically Digested ..., Volume 11

Charles Viner - Law reports, digests, etc - 1792
...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 ocr, there the law will excufe...
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A Digest of the Laws, of England Respecting Real Property, Volume 3

William Cruise - Real property - 1804
...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....
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - Nisi prius - 1812 - 1250 pages
...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...
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A Digested Index to the Term Reports: Containing All the Points of ..., Part 186

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 666 pages
...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,...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - Law reports, digests, etc - 1814 - 658 pages
...Lawrence 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...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - Actions and defenses - 1817 - 623 pages
...Lutw. 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...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...those (to'be hereafter noticed) which are implied by operation of law: 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 own contract creates a duty or charge upon himself,...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - Conveyancing - 1821
...(to be hereafter noticed) which are implied by operation of law : for when the law creates a 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 duty or charge upon himself,...
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