...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...

...the principle that when the law imposes a duty or charge, and the party is disabled from performing it, without any default in him, and hath no remedy over, there the law will excuse him ; but when the party * Hare v. Groves, 3 Anst. 687, and the tenant will not be relieved from this obltgation...

...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...

...introduced such an exception into their contract. In Aleyn, p. 27, this distinction 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 himself, he is bound to make...

...of the profits from which the rent should have come. But the Court held that this was no excuse ; ' and this difference was taken, that where the law...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...

...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...

...counsel for the plaintiffs: — The distinction taken in the books is this : When the law creates a duty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will " if the defendants had chosen to except any loss of any " kind,...

...during the terms, " it was resolved that the matter of the pica was insufficient." And this distinction was taken that, where the law creates a duty or charge,...hath no remedy over, there 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...

...expelled from the premises by alien enemies, his plea was held insufficient. (y~) It was there resolved that, "where the law creates a duty or charge, and...hath no remedy over, there the law will excuse him"; but " where the party by his own contract creates a duty or charge upon himself, he is bound to make...

...Sauuder's Reports, 2 Saund. 69; Walton v. Waterhouse, id. 422, note 2. " When the law creates adnty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse it, as in waste, if a house be destroyed by tempest or by...