 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.  The Law Journal Reports - Pàgina 831838Visualització completa - Sobre aquest llibre
 | Conway Robinson - 1855 - 884 pàgines
...Yet when by his own contract he 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. 6 TR 750 ; Walton v. Waterhouse, 2 Saund. 422 a, note ; 16 Mass. 240. A lessee covenants that he will... | |
 | United States. Court of Claims - 1856 - 656 pàgines
...and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him ; but when the party, by his...he might have provided against it by his contract. It that case, which was an action of debt for rent, the defendant pleaded that a certain German prince,... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 pàgines
...non-performance. In that case, the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a party by his own contract creates a duty or charge...necessity, because he might have provided against it by the contract' " This judgment is in conformity with the opinion delivered by Lord Stowell, in the case... | |
 | Joseph Story - 1856 - 728 pàgines
...as in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a...notwithstanding any accident by inevitable necessity ; i Dig. Lib. 4, tit. 9, 1. 5, § 1 ; Pothier, Pand. Lib. 4, tit. 9, n. 8 ; Post, § 37. u .Jones on... | |
 | United States. Congress. Senate - 1856 - 594 pàgines
...excuse him. 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...he might have provided against it by his contract. In that case, which was an action of debt for rent, the defendant pleaded that a certain (Jerman prince,... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 pàgines
...by his own contract, creates a duty or charge upon himself, he is bound to make good his contract, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Formerly the Court of Chancery would have relieved the lessee, and would have granted an injunction... | |
 | Georgia. Supreme Court - 1856 - 736 pàgines
...tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided aga"mst it by COB. tcact. And therefore, if a lessee covenant , to repair a' house, though it be burnt... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 pàgines
...awarded to the justices, that they should not proceed in a cessavit, upon a cesser during the war. But, when the party, by his own contract, creates...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning, or thrown... | |
 | Alexander Ralston Tiffany - 1859 - 656 pàgines
...by his own contract, creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. And, therefore, if a lessee covenant to repair a house, though it be destroyed by lightning, yet he... | |
 | Theophilus Parsons - 1859 - 846 pàgines
...a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce also, Naylor v. Taylor, 9 B. & C. 718. * Avery F. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq.... | |
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