 | Great Britain. Courts - Law reports, digests, etc - 1869 - 1144 pages
...the war. But when the party, by his own contract, "creates a duty or charge upon him- \\ac.\ self, he is 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... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 556 pages
...Jane, Aleyn 26, it was resolved, that " where the law *creates a duty or charge, and the party is r*74Q disabled to perform it without any default in him,...might have provided against it by his contract."] Here, it is submitted, the performance of the condition was not only impossible, but it was illegal.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 868 pages
...Mr. Justice Story says this is the result of all the cases.* In Paradine v. Jane,f the court said : " When the party by his own contract creates a duty...accident by inevitable necessity, because he might have guarded against it by his contract." Such has always been the rule of the common law. If a lessee covenant... | |
 | Austin Abbott - Civil procedure - 1870 - 570 pages
...surrender possession of the leasehold premises, and of the land so leased or occupied." Austin v. Field. is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract" (3 Kent Com., 465. It is established in this State that a lease of certain apartments in a building,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 572 pages
...awarded to the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates...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. Courts - Law reports, digests, etc - 1871 - 552 pages
...in courts of law as a sound one, te, that, when the party by his own contract creates a *8401 d ut y or charge upon *himself, he is bound to make it good...he might have provided against it by his contract :' and he refers to several other cases where the same principle has been recognised. The defendant... | |
 | Law reports, digests, etc - 1872 - 710 pages
...But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by...he might have provided against it by his contract. A'nd therefore, it the lessee covenant to repair a house, though it be burnt by "lightning, or thrown... | |
 | Law - 1872 - 384 pages
...party by his own contract creates a duty or charge upon himself he is bound to make it good if he muy, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract." That ia adopted in Clifford v. Wallt. 18 W. R 925, L. U. б С. Р. 677, which is the last case bearing... | |
 | James Perronet Aspinall, James. A. Petrie - Law reports, digests, etc - 1873 - 654 pages
...even in the circumstances which I have stated. The propositions of law in Piir<idt/tw v. Jane are, " where the law creates a duty or charge, and the party...he might have provided against it by his contract." But assuming that this is at present a correct exposition of the law of England (though the last proposition... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1873 - 770 pages
...introduced such an exception into their contract. In Aleyn, p. 27, this distinction is taken, — ' Where the law creates a duty or charge, and the party...notwithstanding any accident by inevitable necessity, because he 1873 might have provided against it by his contract.' So, in this case, JACKSON there was one accident... | |
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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. 
