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" ... 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. "
Reports of Cases Decided in the Appellate Courts of the State of Illinois - Sivu 107
tekijä(t) Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898
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A Digested Index to the Term Reports: Containing All the Points of ..., Osa 186

Great Britain. Court of King's Bench, Sir Thomas Edlyne Tomlins - 1812 - 666 sivua
...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, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease...

A Digested Index to the Modern Reports, of the Courts of Common Law, in ...

Nicholas Baylies - 1814
...party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty or charge...notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel out of any part of the...

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
...therefore is excufed; for the rule of law, as laid down in Para dine v. Jane; Ahyn, 27. is, that " when a party by „ his own contract creates a duty or charge upon himfelf, he is bound to make it good, if he may, notwith (land ing any accident by inevitable necelfity,...

A Treatise of Equity: With the Addition of Marginal References and Notes, Nide 1

Henry Ballow, John Fonblanque - 1820
...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 duty or charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against...

Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Nide 4

Charles Barton - 1821
...party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...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...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,...

The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 668 sivua
...perform it without any default in him, and he has no remedy over, the law will 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 by inevitable necessity ; because he might have provided against...

A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - 1824 - 650 sivua
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it...he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it either as to...

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 - 1826
...therefore is excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when a 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...

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

Great Britain. Court of Common Pleas, Sir John Bernard Bosanquet, Sir Christopher Puller - 1826
...therefore is excused; for the rule of tew, as laid down in Parading v. Jane, Aleyn, 27. is, that " when a 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...




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