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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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Reports of Cases Argued and Determined in the Court of Appeals of ..., Nide 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 sivua
...perform it, without any act in him, and hath no remedy over, there the law will excuse him; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 724 sivua
...of Paradine v. act of God. jane(a)} has often been recognised in courts of law as a sound one ; ie 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...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 720 sivua
...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;...he might have provided against it by his contract (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed...

The Legal Observer, Or, Journal of Jurisprudence, Nide 7

1833 - 560 sivua
...without any default in him, and he 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 it good, if he may, notwithstanding any accident by inevitable necessity; because, he might have provided against...

Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - 1832 - 460 sivua
...without any default in him, and he 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 it good, if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against...

The American Jurist and Law Magazine, Nide 7

1832 - 504 sivua
...without any default in him, and he 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 it good, if he may, notwithstanding any 'accident by inevitable necessity; because he might have provided against...

Cases Argued and Determined in the Courts of Common Pleas & Exchequer ...

John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 sivua
...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,...he might have provided against it by his contract." We therefore think the rule for a new trial must be refused. Rule refused. («) 5 Rob. Adm. Rep. 264....

A Practical Abridgment of American Common Law Cases Argued and ..., Nide 6

Jacob D. Wheeler - 1835 - 618 sivua
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it by his contiael. 11....

Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in ..., Nide 4

Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 sivua
...it, 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 himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against...

Cases Argued and Determined in the Court of Common Pleas: With ..., Nide 4

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 sivua
...will hold this bad been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. 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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