| James Perronet Aspinall, James. A. Petrie - 1873 - 654 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... | |
| India - 1878 - 710 sivua
...as in 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 may, notwithstanding any accident by inevitable necessity, becanse he might have provided against... | |
| Ohio. Supreme Court - 1905 - 660 sivua
...the sanctity of contracts require parties to do what they have agreed to do; and when a party, by his contract, creates a duty or charge upon himself, he is bound to make it, good. We are sustained in our contention by the following cases: Paducah Lumber Co. v. Paducah Water Supply... | |
| 1918 - 502 sivua
...ii47, Aleyn, 2'i, in which "the original rule of English law was clear in its insistence, that where a party by his own contract creates a duty or charge...he might have provided against it by his contract." This rule became part of our common law and whatever fluctuation therefrom may have occurred in English... | |
| 1881 - 638 sivua
...without any default in himself, and he has no remedy over, then the law will excuse him; but where the party by his own contract creates a duty or charge...bound to make it good, notwithstanding any accident or delay by inevitable necessity.'' This rule is supported by a number of authorities. Paradine v.... | |
| United States. Supreme Court, Samuel Freeman Miller - 1875 - 756 sivua
...without default on the part of the officers of the ship. The * court affirm the rule, that [ * 503 ] when a party, by his own contract, creates a duty...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... | |
| 1918 - 498 sivua
...the ancient principle decided in 1747 in 'Paradine v. Jane, Aleyn, 27. This principle is 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... | |
| 1897 - 1116 sivua
...seems to be based on the principle that when once a man "has by his own contract • • • created a duty or charge upon himself he is bound to make...notwithstanding any accident by Inevitable necessity, because be might have provided against it in his contract." "This principle," says the court, In what seems... | |
| 1874 - 682 sivua
...Co., Irish Rep., 4 Com. Law, 204. This case was held to come within the rule that, when a party by his contract creates a duty or charge upon himself, he is bound to make it good, because it is his own voluntary contract ; although where the law imposes such a duty, and the party... | |
| 1874 - 450 sivua
...Co., Irish Rep., 4 Com. Law, 204. This case was held to come within tho rule that, when a party by his contract creates a duty or charge upon himself, he is bound to make it good, because it is his own voluntary contract; although where the law imposes such a duty, and tho party... | |
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