 | Law reports, digests, etc - 1884 - 632 pages
...in Courts of law as a sound one — that is, that when the party by his own contract creates a dnty or charge upon himself, he is bound to make it good...he might have provided against it by his contract." See also Spence v. Chodwlck (17) and Lloyd v. G,iiberl (7). If inevitable necessity occurring in this... | |
 | Law reports, digests, etc - 1884 - 1030 pages
...gaoler is excused. But where the party by his own contract creates a duty or charge upon himself, 104 he is bound to make it good, if he may, notwithstanding...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 cases... | |
 | Law reports, digests, etc - 1884 - 978 pages
...defense to a suit for a failure to perform the contract? When the party by his own contract creates л duty or charge upon himself, he is bound to make it...accident by inevitable necessity; because he might ha%re provided against it by the contract. This is founded in reason and authority." The principles... | |
 | Judah Philip Benjamin - Sales - 1884 - 646 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." Shaw, CJ, in Mill ¿am Foundry t>. Hovey, 21 Pick. 417, 441. 5. The condition of payment on delivery... | |
 | Law reports, digests, etc - 1884 - 892 pages
...Jane has often," says Lord Ellenborough, " been recognised in courts of law as a sound one, ie, that when the party by his own contract creates a duty...he might have provided against it by his contract." [See also Spence v. Chodwick (vli sup.), Lloyd v. Gutbert (ubi sup.)"} If inevitable necessity occurring... | |
 | Law reports, digests, etc - 1918 - 866 pages
...often,' says Lord Ellenborougb, ' been recognised in courts of law as a sound осе ; that when a party by his own contract creates a duty or charge...inevitable necessity ; because he might have provided a gain P t, it by his contract ' : (Atkinson v. Ritchie, 10 East, 630, at p. 533; see aleo Sptnce v.... | |
 | Law reports, digests, etc - 1860 - 590 pages
...general rule upon the subject is, that when a person by his own contract creates a duty or charge- npon himself, he is bound to make it good if he may, notwithstanding...he might have provided against it by his contract : Parradine v. Jane, Alera Kep. 27, cited and acted oil in Jfiulfey v. Clarice, 8 TR 259, and Atkiiuon... | |
 | Law reports, digests, etc - 1920 - 842 pages
...be destroyed by tempest, or by enemies, the lessee ia excused . . . But when the parly, by his owu contract, creates a duty or charge upon himself, he...notwithstanding any accident by inevitable necessity, because he mignt have provided against it by bis contract." So that, according to that case, it is no excuse if... | |
 | Law reports, digests, etc - 1873 - 1014 pages
...introduced such an exception into their contract. In Alaijn, p. 27, this distinction is taken, — ' Where the law creates a duty or charge, and the party...he might have provided against it by his contract.' So, in this case, there was one accident against which the defendants provided by their contract. They... | |
 | Law reports, digests, etc - 1838 - 1028 pages
...charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, the law will excuse him. But when the party by his...he might have provided against it by his contract." As to the assertion, that if the defendant opened the house under a licence, which turned out to be... | |
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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. 
