 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 482 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,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1864 - 820 pages
...that case the rule of law laid down in Paradine v. Jane, Alleyn's Rep. 27, applies, viz. "That where a party by his own contract creates a duty or charge...he might have provided against it by his contract." We think, therefore, the rule for a new trial must be refused. Rule refused. SMITH v. WALTON and Another.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 820 pages
...perform it without any default 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. And, therefore, if the lessee covenant to repair a Argument for the owner of the soil. house, though... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 630 pages
...when 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. 2 Williams's Saund. 422 a, note 2. The good sense of the rule seems to be this, that in a case where,... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 pages
...non-performance. In that case the rule of law laid down in Paradine v. Jane (o) 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 622 pages
...although it had become impossible, without any default on the part of the plaintiff; that " whenever a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." See, also, Chitty on Contracts, 734. In the case before us, the relation of landlord and tenant did... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 1050 pages
...Ch.J. " No rule of law is more firmly established by a long train of decisions than this, that where a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." In reference to the hardship of such a rule, the Court very justly says : " No matter how harsh and... | |
 | Nathan Howard (Jr.) - Civil procedure - 1869 - 670 pages
...be strictly performed to entitle a party to recover. Judge ALLEN, in his opinion, said : "Whenever a party by his own contract creates a duty or charge...he might have provided against it by his contract " (citing numerous anJenkina a^t. Wheeler. thorities). Judge JOHNSON, in the same case, said : The... | |
 | Theophilus Parsons - Admiralty - 1869 - 728 pages
...that case the rule of law laid down in Puradine r. Jane, Aleyn, 26, applies, namely. ' That when a party by his own contract creates a duty or charge...might have provided against it by his contract.'" See also Nay lor o. Taylor, 9 B. & C. 718. 2 Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 133.... | |
 | Theophilus Parsons - Admiralty - 1869 - 724 pages
...that case the rule of law laid down in Paradine v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract creates a duty or charge...notwithstanding any accident by inevitable necessity, because he might'have provided against it by his contract.' " See also Nay lor v. Taylor, 9 B. & C. 718. i Avery... | |
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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. 
