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" There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become... "
Essays and Lectures Upon Some Legal Effects of War - Sivu 76
tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivua
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1866
...contract ; and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing...become unexpectedly burthensome or even impossible ; . . . but this rule is only applicable where the contract is positive and absolute, and not subject...

The Law Times, Nide 46

1869
...very rich in learning. The learned judge there says (8 LT Rep. NS 357), "There seems to be no doubt that, where there is a positive contract to do a thing...performance of his contract has become unexpectedly burdensome, or even impossible. The law is so laid down in 1 Rolls Abr. ' Condition ' G. ; and in the...

The Solicitors' Journal & Reporter, Nide 13

1869
...LAW. PERFORMANCE OP CONTRACT BEJÍDEBED IMPOSSIBLE BY THE ACT OF GOD. Boatt v. Firth, CP 17 WR 29. " Where there is a positive contract to do a thing,...damages for not doing it, although in consequence of unforseen accidents the performance of his concrac'. has become unexpectedly burdensome or even impossible"...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Nide 61

Illinois. Supreme Court - 1874
...Mr. Justice BT-ACKBURN, in delivering the judgment of the court, said: "There seems to be no doubt that, where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome, or even impossible;" but takes the case out of the general rule on the ground that the...

The Weekly Reporter

1863
...question must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome, or even impossible....

The New Reports, Containing Cases Decided in the Courts of Equity ..., Nide 2

1863
...general rules of law applicable to such a contract. There seems to be no doubt that where there is л positive contract to do a thing not in itself unlawful,...it, although in consequence of unforeseen accidents tho performance of his contract has become unexpectedly burthensome, or even impossible. The law is...

Reports of Cases Argued and Determined in the Court of Queen's Bench ..., Nide 3

Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864
...question must depend upon the general rules of law applicable to such a contract. There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible. The law is so laid down in 1 Roll. Abr. 450, Condition (G), and in the note (2) to Walton v. Waterhouse...

English Reports Annotated, 1866-1900, Nide 2,Osa 1

Maxwell Alexander Robertson - 1866
...contract; and in delivering the judgment of the Court, Mr. Justice Blackburn says, " There seems no doubt that where there is a positive contract to do a thing...damages for not doing it, although, in consequence of unforseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible...

Reports of Cases Argued and Determined in the Court of Common Pleas ..., Nide 50

Great Britain. Court of Common Pleas, Octavian Baxter Cameron Harrison, Henry Rutherfurd - 1868 - 928 sivua
...Caldwell (c), Blackburn, J., in delivering the judgment of the Court, says:—"There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible." The principle of that case is in the Defendant's favour, and it shows that an action by the Defendant...

The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Nide 25

1882
...be disapproved. Upon principle as well as the authorities cited, we are induced to hold that — (1) Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible. (2) But this rule is only applicable when the contract is positive and...




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