 | Law - 1833 - 560 pages
...creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him;...he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,... | |
 | Law - 1832 - 504 pages
...creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him...he might have provided against it by his contract." This distinction has the countenance H of highly respectable authorities. l But in the present state... | |
 | Joseph Story - Bailments - 1832 - 460 pages
...creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him...he might have provided against it by his contract." This distinction has the countenance of highly respectable authorities.1 But in the present state of... | |
 | Jacob D. Wheeler - Common law - 1835 - 618 pages
...creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it by his contiael. 11. HALLETT v. WILIE, Feb. T. 1808, 3 Johns. NY Rep. 44 ; S. P., FOWLER v. BOTT ET AL. 6... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...and the party is disabled to perform it, without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his...he might have provided against it by his contract This distinction is founded in reason and authority. Jllleyn, 27. Hadley v. Clarke, (8 TR 259.) The... | |
 | Joseph Story - Bailments - 1840 - 686 pages
...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 duty...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning, or thrown... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1844 - 1274 pages
...will hold this bad been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. creates a duty or charge upon himself, he is bound...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning or thrown... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...duty, and the party is 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...any accident by inevitable necessity ; " because, conventio vincit legem : consequently, if a lessee covenant to repair a house, and it be destroyed... | |
 | Alfred Dowling, Vincent Dowling - Civil procedure - 1844 - 1158 pages
...This was to be collected from the case of Paradine v. Jane (a), where it was laid down, that where a party by his own contract creates a duty or charge...necessity, because he might have provided against it by the contract. There was nothing alleged in the defendant,s pleas in this case, which shewed that it... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 586 pages
...contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwiihstanding any accident by inevitable necessity; because he might have provided against it by his contract." As to Lutieidge v. Grey, Abbott's Law of Merchant Ships, 280, and Luke v. Lydie, 2 Burr. 883, the master... | |
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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. 
