 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - 1864 - 1042 sivua
...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, 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... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 482 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... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 sivua
...to a tenement, if the same be destroyed by tempest or enemies, the lessee is excused. But when the party by his own contract creates a duty or charge...he might have provided against it by his contract. 2 Williams's Saund. 422 a, note 2. The good sense of the rule seems to be this, that in a case where,... | |
 | United States. Supreme Court - 1870 - 820 sivua
...perform it without any default 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 it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against... | |
 | Nathan Howard (Jr.) - 1866 - 618 sivua
...XXX 8 People agt. Cook. then the law will excuse him, but where the party by his own contract ereates a duty or charge upon himself, he is bound to make it good, notwithstanding any aecident or delay by inevitable necessity, because he might have provided against it by contract" (12... | |
 | Charles Abbott (Baron Tenterden) - 1867 - 1178 sivua
...non-performance. In that case the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 sivua
...although it had become impossible, without any default on the part of the plaintiff; that " whenever 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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 sivua
...Ch.J. " No rule of law is more firmly established by a long train of decisions than this, that where 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... | |
 | John Neilson Taylor - 1869 - 820 sivua
...without his fault, and he has no remedy over against some other person, the law will excuse him ; but when a party, by his own contract, creates a duty...bound to make it good, notwithstanding any accident or inevitable necessity ; because he might have provided against it by his own contract, but did not... | |
 | Theophilus Parsons - 1869 - 728 sivua
...non-performance. In that case the rule of law laid down in Puradine r. Jane, Aleyn, 26, applies, namely. ' 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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... 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. 
