| Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...a defence to a suit for failure to perform the contract ? It is very clear that it would not. 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 ; but when the party by his own contract creates a duty or charge upon... | |
| Graham Willmore, Great Britain. Court of King's Bench, Frederick Luard Wollaston, Sir William Hodges - Law reports, digests, etc - 1840 - 826 pages
...England would refuse to invest the money in their corporate capacity. The rule is clear, that when " the law creates a duty or charge, and the party is disabled from performing it, without any default in him, and hath no remedy over, the law will excuse him,"... | |
| Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - Election law - 1844 - 1274 pages
...plea was insufficient ; for though the whole army had been alien enemies, yet he ought to pay his rent And this difference was taken, that where the law...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused ;... | |
| Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...landlord for a moiety of the expense of rebuilding such party wall. (1) " Where 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 ; but when the party by his own contract creates a duty... | |
| Great Britain. Bail Court - Civil procedure - 1846 - 1082 pages
...distinction between a duty created by law, and one created by the party. For 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... | |
| Thomas Platt - Leases - 1847 - 928 pages
...founded on a distinction between a duty created by the act of law and the act of the party ; for " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ;" as formerly in the case of waste (y), if a house were destroyed by tempest, or by enemies, the lessee... | |
| Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...responsible for any loss or injury which might happen, if the 1 And see Cayle's case, 8 Co. R. 33. When the law creates a duty or charge and the party is disabled to perform it, without any default in in him, and has no remedy over, then the law will excuse him. But when a party, by his own contract,... | |
| Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...performing the contract.2 There is a distinction founded in reason and authority, which is, that when the law creates a duty or charge, and the party is...disabled to perform it, without any default in him, and has no remedy over, then the law will excuse him ; but when the party, by his own contract, creates... | |
| Law - 1851 - 844 pages
...wherewith he kills another." Paradine v. Jane, ( Aleyn. 26,) " When the law creates a duty or charge, if the party is disabled to perform it, without any default in him, and he has a remedy over, the law will excuse him, as in waste, if a house be destroyed by tempest or enemies,... | |
| Herbert Broom - Legal maxims - 1852 - 616 pages
...then, a general rule which admits of ample practical illustration, that impotentia excusat legem ; where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and has no remedy over, there the law will in general excuse him.3 enforce any one to do a thing which... | |
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