 | Great Britain. Bail Court - Civil procedure - 1846 - 1082 pages
...in escape, if a prison be destroyed by tempest or enemies the gaoler is excused, 33 Hen. 6, c. 1 ; but when the party by his own contract creates a duty...he might have provided against it by his contract." [Alderson, B. — Here is a quantity of water in the defendants' mine, which it is his duty to prevent... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...non-performance. In that case, the rule of law laid down in Paradine v. Jane(e) applies, viz.: 'That where a party by his own contract creates a duty or charge...necessity, because he might have provided against it by the contract.' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the... | |
 | Thomas Platt - Leases - 1847 - 928 pages
...was abolished (2) 6 Ed. 1. c. 5. by 3 & 4 W. 4. c. 27. ><. 36. (r) The writ of waste was abolished _~ charge upon himself, he is bound to make it good,...he might have provided against it by his contract " (z) . Upon this principle, it has been held (a), that if a party covenant to repair under a penalty,... | |
 | Law - 1847 - 650 pages
...Etttnborough in Atkinson v. Ritchie,™ that when the party by hie own contract creates a duty or charge on himself, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. Pattfson, 3. The defendant clearly does not come within the exception contained in the bill of lading.... | |
 | Charles Broadbelt Claydon - Landlord and tenant - 1847 - 524 pages
...clear, that, where a party by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; notwithstanding any accident...he might have provided against it by his contract : and therefore if a lessee covenants to repair a house, he will be bound to do so : though it be burned... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. And therefore, if the lessee covenant to repair a house, though it be burned down by lightning, or... | |
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it. by his contract.4 1 Evans v. Hutton, 5 Scott, New R. 670. 2 Abbott on Shipp. 704, (5th Am. edit.) 3 Ante,... | |
 | Joseph Story - Bailments - 1851 - 732 pages
...Mass. R. 325 ; Phillips v. Stevens, 16 Mass. R. 238 ; 2 Saund. 422, note by Williams (2) ; 6 TR 759. bound to make it good, if he may, notwithstanding...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... | |
 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it by his contract.3 1 Abbott on Shipp. 704, (5th Am. edit.) 2 Ante, § 37, 59. 3 Per Rogers, J., in delivering... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1852 - 780 pages
...by his own contract, M,CANN. " creates a duty or charge upon himself, he is bound to make it good, " notwithstanding any accident by inevitable necessity,...he " might have provided against it by his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party... | |
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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. 
