 | Theophilus Parsons - Admiralty - 1859 - 846 pages
...a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce also, Naylor v. Taylor, 9 B. & C. 718. * Avery F. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq.... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...repair. The sum mentioned in this rule is the amount deducted by the VOL. III. N. 6.—9 J dent or inevitable necessity, because he might have provided against it by his contract."] The true answer to this rule, however, is, that the court has no jurisdiction in the matter. The parties,... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1867 - 664 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...he might have provided against it by his contract" In a case where a lessee binds himself, by express covenant, to pay the rent during the term, and there... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...default in him, and hath no remedy over, then the law will excuse him ; but when the party by his o\vn contract creates a duty or charge upon himself, he...he might have provided against it by his contract. 7 Term Rep. 267. In the case of Hndley v. Clarke, 7 Term, 259, the contract was to carry the goods,... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1874 - 662 pages
...the party, by his own contract, creates a duty or chargc 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 cites 2 Wm. Saund. 422 a, note 2. The reason given for the rule is, that when, if an event happen... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...perform it without any act in him, and hath no remedy over, there the law will excuse him ; but where a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." 6 Therefore, to an action on a charter-party for not loading a cargo of guano at Ichaboe, it is no... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 484 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." It may be further observed, that, in the case at bar, there was nothing unlawful in the contract itself,... | |
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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. 
