 | William Finlayson Trotter - Contracts - 1919 - 652 pages
...whereby he could not take the profits." This was held to be ll0 excuse for the non-payment of the rent. " And this difference was taken, that where the law...or charge, and the party is disabled to perform it with" out any default in him, and hath no remedy over, there the " law will excuse him. As in the case... | |
 | Samuel Williston - Contracts - 1920 - 1156 pages
...stated may be found in Serjeant Williams' Notes to Saunders' Reports.1 "When the law creates a 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; as in waste, if a house be destroyed by tempest, or... | |
 | William Charles Wermuth - Civil procedure - 1921 - 508 pages
...however, constitute an act of impossibility, but merely one of extra expense. The rule may be stated to be that ''where the law creates a duty or charge, and...disabled to perform it without any default in him, there the law will excuse him ; * * * but where the party by his own contract creates a duty or charge... | |
 | John Frederic Clerk, William Harry Barber Lindsell - Torts - 1921 - 1516 pages
...there is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and the party is disabled tu perform it without any default in him, and hath no remedy over. there the law will excuse him "... | |
 | Sir William Searle Holdsworth - Law - 1925 - 546 pages
...It was held that this plea was no answer to the action. " And this difference was taken, that when the law creates a duty or charge, and the party is...without any default in him, and hath no remedy over, then the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies,... | |
 | Alberta. Supreme Court - Law reports, digests, etc - 1925 - 744 pages
...contract, the general rule is that the promisor is not therefore discharged. As said in an old case, 'Where the law creates a duty or charge, and the party...disabled to perform it without any default in him, there the law will excuse him; * * * but where the party by his own contract creates a duty or charge... | |
 | United States. Supreme Court - Law reports, digests, etc - 1926 - 950 pages
...Jii-ffium, Waste, 183. let. ed. Kelw, 87. It is also agreed, that where the law creates a duty or chnrge, and the party is disabled to perform it without any default in him, and iiMtli no remedy over, there be shall be excused. As in the cases of waste against tenants in dower,... | |
 | Law - 1882 - 578 pages
...demurred, and the plea was held insufficient, and there was judgment for plaintiff. The court held that "where the law creates a duty or charge, and...without any default in him, and hath no remedy over, then the law will excuse him. * * * * But when the party by his own contract creates a duty or charge... | |
 | Law - 1918 - 500 pages
...Aleyn (Eng.) 26. It was said he should have provided against this in his contract. But it has been said that : "Where the law creates a duty or charge and...disabled to perform it without any default in him and he hath no remedy over these, the law will excuse him." If, however, he creates a charge upon himself,... | |
 | Law - 1883 - 538 pages
...the contract was occasioned by inevitable and unavoidable accident.6 The distinction is that, when the law creates a duty or charge, and the party is...disabled to perform it, without any default in him, arid hath no remedy over, then the law will excuse him ; but, when the party by his own contract creates... | |
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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... 
