 | United States. Supreme Court - Law reports, digests, etc - 1873 - 740 pages
...excused; so, in escape, if a prison be destroyed by tempest or enemies, the gaoler is excused. But where the party by his own contract creates a duty or charge...he might have provided against it by his contract." It is contended that the bond, in this case, has the effect of such a special contract, and several... | |
 | India - Contracts - 1878 - 710 pages
...excuse him ; " as in waste, if a house be destroyed by tempest or by enemies, the lessee is excused But, " when the party by his own contract creates...notwithstanding any accident by inevitable necessity, becanse he might have provided against it by his contract. And, therefore, if the lessee covenant to... | |
 | Law - 1918 - 498 pages
...ancient principle decided in 1747 in 'Paradine v. Jane, Aleyn, 27. This principle is that, where a party by his own contract creates a duty or charge...he might have provided against it by his contract. Therefore, what is called by us an act of God, as say a house in course of erection is struck by lightning... | |
 | United States. Supreme Court, Samuel Freeman Miller - Law reports, digests, etc - 1875 - 756 pages
...default on the part of the officers of the ship. The * court affirm the rule, that [ * 503 ] when a party, by his own contract, creates a duty or charge...he might have provided against it by his contract." It was for the libelees to furnish the evidence to discharge themselves for the failure to perform... | |
 | Law - 1918 - 502 pages
...where a 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." This rule became part of our common law and whatever fluctuation therefrom may have occurred in English... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1875 - 866 pages
...general doctrine is, as laid down in Paradine v. Jaine, Aleyn, 27, cited in 3 Bos. & Pul. 420: "Where a party, by his own contract, creates a duty or charge...necessity, because he might have provided against it by his own contract." And as said by Mr. Justice CHAMBRB, in the latter case: "If a party enter into an absolute... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 842 pages
...was awarded to the justices, that they should not proceed in a cessavit upon a cessor during the war, 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... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 940 pages
...his own contract creates a duty or charge upon himself, he is bound to make it good if he may, 5891 ""notwithstanding any accident by inevitable necessity, because he might have provided against it by bis contract.' So, in this case, there was one accident against which the defendants provided by their... | |
 | James Thomas Foard - Freight and freightage - 1880 - 678 pages
...compensated for in damages, it will be so regarded, and not considered a warranty.4 It being understood that " where the law creates a duty or charge, and...necessity, because he might have provided against it by his contract.5 Charter-parties are not deeds-poll, or unilateral, but are bilateral agreements, 'binding... | |
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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. 
