 | Law - 1872 - 384 pages
...are grounded upon Puradine v Jane. Aleyn, 27, in which case the miiterial resolution of the Court was that "where the law creates a duty or charge, and...disabled to perform it without any default in him, and halb no remedy over, theu law will excuse him, but when the party by his own contract creates a duty... | |
 | Law - 1872 - 926 pages
...which he can not possibly perform:" Broom's Leg. Max., p. 167, or as the principle is stated on p. 168, 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. We might cite many of the rules of law... | |
 | India - Contracts - 1878 - 710 pages
...distinction is made between duties created by law and those created by the person's own contract, " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ; " as in waste, if a house be destroyed by tempest or by enemies, the lessee is excused But, " when... | |
 | Law - 1918 - 502 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.'1 If, however, he creates a charge "upon himself,... | |
 | Law - 1881 - 638 pages
...sufficient defense.'' In Harmony v. Bingham, 2 Kern, 98, Judge Edwards says: "It is a well-settled rule that, where the law creates a duty or charge, and the party i? disabled from performing it without any default in himself, and he has no remedy over, then the... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1876 - 842 pages
...language of the report cannot fairly be construed against the principle now insisted on. It is as follows: "And this difference was taken, that where the law...disabled to perform it without any default in him and nath no remedy over, there the law will excuse him, as in the case of waste, if a house be destroyed... | |
 | David Maclachlan - Maritime law - 1876 - 1114 pages
...impossible, 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 pei-form it without any act in him, and hath no remedy over, there the law will excuse him ; but where... | |
 | Sir William Reynell Anson - Agency (Law). - 1879 - 486 pages
...lessee had been deprived by events beyond his control of the profits from which the rent should have come. But the Court held that this was no excuse ;...any default in him, and hath no remedy over, there tJie law will promising that, if another will let out his ship on certain terms, he will enable him... | |
 | Sir William Reynell Anson - Agency (Law) - 1880 - 442 pages
...Hill v. Sv;/hriu. prived by events beyond his control of the profits from which the rent should have come. But the court held that this was no excuse;...hath no remedy over, there the law will excuse him. As in *315 the case of Waste, if a house be destroyed by tempest, or by enemies, the lessee is excused... | |
 | James Thomas Foard - Freight and freightage - 1880 - 678 pages
...any accident by inevitable necessity, because he might have provided against it by his contract. . . Where the law creates a duty or charge, and the party...and hath no remedy over, there the law will excuse him."3 It was also urged that this was not an inevitable accident. The court decided that there was... | |
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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... 
