 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 75tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | 1886 - 876 sivua
...consequenlikm. In endeavoring to do this, established principles of decision must not be disregarded. "Where the law creates a duty or charge, and the party is disabled from performing it, •without any default on his part, and has no remedy over, the law will excuse... | |
 | 1903 - 1254 sivua
...Interference of third perscos will not excuse performance," and that "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 excuse him. But »hen a party by his own contract creates a '•barge... | |
 | John Chipman Gray - 1888 - 816 sivua
...was insufficient ; for though the whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that where the law creates a duty or charge, and the part}- is disabled to perform it without any default in him, and hath no remedy over, there the law... | |
 | John Davison Lawson - 1890 - 944 sivua
...contract, the general rule is that the promisor is not therefore discharged. As said in an old case:* "Where the law creates a duty or charge, and the party...disabled to perform it without any default in him, there the law will excuse him; but where the party by his own contract creates a duty or charge upon... | |
 | William Woodfall - 1890 - 936 sivua
...liability, should give a regular notice to quit. The reason is, that when t he 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 excuse him : but when the party, by his own contract, creates a... | |
 | Robert Hutchinson - 1891 - 1234 sivua
...Dunkirk, even in the circumstances which I have stated. The propositions of law in Paradine v. Jane are ' 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... | |
 | Justus Hendrik Lodewijk Bergsma - 1892 - 174 sivua
...dit beginsel uitgesproken door Lord KENÏOX, in een beslissing aangehaald bij MACHLACHLAN p. 544: „ Where the law creates a duty or charge, and the party is disabled to perform it without nny i»ct in him, and hath ne remedy over, there the law will excuse him; but when a party by his own... | |
 | Frederick Parker Walton - 1893 - 592 sivua
...contracts is against this view. In the leading English case of Paradine v. Jane,2 it is stated thus : — " Where the law creates a duty or charge, and the party...without any default in him, and hath no remedy over, then the law will excuse him. But, when the party by his own contract creates a duty or charge upon... | |
 | Sir William Reynell Anson - 1895 - 434 sivua
...the rent should have come. But the Court held that this -was no excuse ; ' and this difference wns taken, that where the law creates a duty or charge...perform it without any default in him, and hath no is applicable on'y if there be clay.' The cases arc indistinguishable, and the conflict of judicial... | |
 | 1896 - 590 sivua
...with a hostile army, had expelled him and kept him out of possession. This was held insufficient. " And this difference was taken, that where the law...hath no remedy over, there the law will excuse him ; . . . but when the party by his own contract creates duty or charge upon himself, he is bound to... | |
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