 | David Maclachlan - Maritime law - 1860 - 1046 pages
...inipos.... able, is no answer to an action on a contract, that still remains obligatory notwithstanding. " Where the law creates a duty or charge, and the party is disabled to perform it without any act in him, and hath no remedy over, there the law will excuse him ; but where a party, by his own... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 484 pages
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and he hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 482 pages
...think, in the case at bar, supposing the embargo to have been a perpetual prohibition of commerce. " Where the law creates a duty or charge, and the party...disabled to perform it, without any default in him, and he hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...common counts.* Supreme Ct., 1813, Linningdale D. Livingston, 10 Johns., 36. 915. Disability. \Vhere the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 1144 pages
...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 ;... | |
 | Theophilus Parsons - Admiralty - 1869 - 724 pages
...the duty was to be performed, and to that extent controlled the duty And it is a rule well settled that ' where the law creates a duty or charge, and...without any default in him, and hath no remedy over, the law will excuse him.' (Paradine 1>. Jane, Aleyn's R. 27, Harmony v. Bingham, 2 Kern. 99, and cases... | |
 | Georgia. Supreme Court - Equity - 1869 - 812 pages
...negligence or neglect on the part of the defendant, and that there was no such proof in the cause; that, where the law creates a duty or charge, and the party is disabled to perform it, and has no remedy over, then the law will excuse him, and that in said cause there was proof of such... | |
 | John Neilson Taylor - Landlord and tenant - 1869 - 820 pages
...cases depend upon the express agreement of the parties ; the general rule of law being, that, when the law creates a duty or charge, and the party is disabled from performing it, without his fault, and he has no remedy over against some other person, the law... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 556 pages
...between the performance being illegal and impossible. In Paradine v. 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, and hath no *remedy over, there the law will... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 552 pages
...impossible, damages must be paid." In Paradine v. Jane, Aleyn 26, the rule is thus laid down :—" Where the law creates a duty or charge, and the party...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... | |
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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... 
