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" The material resolution of the court was, that " where the law creates a duty or charge, 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 own contract... "
Essays and Lectures Upon Some Legal Effects of War - Sivu 73
tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivua
Koko teos - Tietoja tästä kirjasta

The American museum, or, Repository of ancient and modern fugitive ..., Nide 2

Mathew Carey - 1789
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life, or...

A Review of the Laws of the United States of North America, the British ...

1790 - 255 sivua
...278, 286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed....

A General Abridgment of Law and Equity: Alphabetically Digested ..., Nide 11

Charles Viner - 1792
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe...

A Digest of the Laws, of England Respecting Real Property, Nide 3

William Cruise - 1804
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe....

A Digested Index to the Term Reports: Containing All the Points of Law ...

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - 1812 - 666 sivua
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself,...

An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 1250 sivua
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . Where the law creates a duty or charge*, and the party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse...

Reports of Cases Argued and Determined in the Courts of Common Pleas ..., Nide 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 658 sivua
...Lawrence in Hadley v. Clarke, appears to me to be founded on much good ferde. The third refolution is, that " where the law creates a duty or charge, and the party is difabled to perform it without any aft in him, and hath no remedy over, there the law will excufe him...

Term Reports in the Court of King's Bench, Nide 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him; but when the party, by his own contract, creates a duty or charge upon himeelf, he is bound to make...

An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 623 sivua
...Lutw. 358. (cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself,...




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