 There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become...  Essays and Lectures Upon Some Legal Effects of War - Sivu 78tekijä(t) Arnold Duncan McNair Baron McNair - 1920 - 168 sivuaKoko teos - Tietoja tästä kirjasta
 | John Mews - 1898 - 1006 sivua
...17 LJ, C'h. 178 ; 12 Jur. 367. 4. IMPOSSIBLE CONTRACTS. a. Generally. Necessity of Performance.] — Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burthensomc or even impossible ; but this rule is only applicable when the contract is positive and... | |
 | John Mews - 1898 - 998 sivua
...17 LJ, Ch. 178 ; 12 Jur. 367. 4. IMPOSSIBLE CONTRACTS. a. Generally. Necessity of Performance.] — Where there is a ^positive contract to do a thing,...performance •of his contract has become unexpectedly bur thensome or even impossible ; but this rule is only applicable when the contract is positive and... | |
 | James Kent - 1901 - 1112 sivua
...Thompson, 2 Watts & S. 235. 1 Excuse* for Non-performance. — What is a Breach of Contract. — (a) Where there is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome, or even impossible. Taylor v. Caldwell, 3 Best & S. 826, 833 ; Wareham Bank v. Burt, 5... | |
 | Gusztáv Schwarz - 1901 - 362 sivua
...fagyva (Kearon v. Pearson, 1861). «In short — mondja Pollock it is admitted law that generally Ivhere there is a positive contract to do a thing not in...performance of his contract has become unexpectedly burdensome or even impossible.» Kivételt e szabály alól az angol gyakorlat csak annyiban tesz,... | |
 | Abraham Clark Freeman - 1901 - 1018 sivua
...fanlt on the part of the water company. CONTRACTS — IMPOSSIBILITY OF PERFORMANCE T.,1 ABILITY.— Where there Is a positive contract to do a thing not...In Itself unlawful, the contractor must perform it, and If, by some unforeseen accident the performance Is prevented, he must pay damages for not doing... | |
 | Abraham Clark Freeman - 1901 - 1020 sivua
...such period. (Hlckey v. O'Brien, 227.) a CONTRACTS — IMPOSSIBILITY OF PERFORMANCELIABILITY.—Where there is a positive contract to do a thing not in itself unlawful, the contractor must perform It, and If, by some unforeseen accident the performance is prevented, he must pay damages for not doing... | |
 | Samuel Williston - 1904 - 696 sivua
...contains some observations which are very much in point. Blackburn, J. there says : " There seems no doubt that where there is a positive contract to do a thing...performance of ! his contract has become unexpectedly burdensome or even impossible,/ . . . But this rule is only applicable when the contract is positive... | |
 | Samuel Williston - 1904 - 368 sivua
...contains some observations which are very much in point. Blackburn, J. there says: " There seems no doubt that where there is a positive contract to do a thing...performance of his contract has become unexpectedly burdensome or even impossible. . . . But this rule is only applicable when the contract is positive... | |
 | William Mitchell Fawcett - 1905 - 800 sivua
...burden is intended to run with the land, to be made by the covenantor for himself and his assigns (m). Where there is a positive contract to do a thing not in itself unlawful, difficulty or even impossibility of performance is no excuse for a breach (n). But this rule is only... | |
 | Ontario - 1907 - 1204 sivua
...same and to do what he can of mutual benefit to the parties hereto." The general rule, no doubt, is that where there is a positive contract to do a thing...unlawful, the; contractor must perform it or pay damages, although in consequence of unforeseen circumstances the performance , has become unexpectedly burdensome... | |
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