 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
 | 1907 - 1318 sivua
...performance of something not in itself unlawful is not released from his obligation by the mere fact that, in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome, or even impossible; he must respond in damages for the breach of his agreement. Harvey... | |
 | Isaac Franklin Russell - 1909 - 756 sivua
...Blackburn, J., in Taylor v. Caldwell, 3 B. & S. at p. 833, which is in these terms: "There seems no doubt that where there is a positive contract to do a thing...unforeseen accidents the performance of his contract has became unexpectedly burthensome or even impossible. .* * * But this rule is only applicable when the... | |
 | Massachusetts. Supreme Judicial Court - 1911 - 804 sivua
...execution. As was said by Blackburn, J., in the leading case of Taylor v. Caldwell, 3 B. & S. 826, 833, " where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible." This also has been frequently declared by the courts. Jones v. St.... | |
 | William Theophilus Brantly - 1912 - 590 sivua
...Anson, Contracts (10th ed.), 341. And Pollock says. Contracts, 410: "It is admitted law that gonerally where there Is a positive contract to do a thing not...performance of his contract has become unexpectedly burdensome or even impossible." 2L. R. 4 QB 180. s Ante. pp. 353-360. property, because that does not... | |
 | 1915 - 654 sivua
...240, 81 Am. St. Rep., 457, decided by the supreme .court of New Jersey, the syllabus of which states that where there is a positive contract to do a thing...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... | |
 | 1914 - 1296 sivua
...authorities as Taylor v. Caldwell, 3 B. & S. 833, where the rule is thus announced: "There seems no doubt that, where there is a positive contract to do a thing...become unexpectedly burthensome or even impossible. * * * But this rule is only applicable when the contract is positive and absolute and not subject to... | |
 | 1914 - 1340 sivua
...as Taylor v. Caldwell, 3 B. & S. 833, where the rule is thus announced: "There seems no doubt thnt, where there is a positive contract to do a thing not...become unexpectedly burthensome or even impossible. « « • But this rule is only applicable when the contract is positive and absolute and not subject... | |
 | William Albert Keener - 1914 - 1256 sivua
...execution. As was said by Blackburn, J., in the leading case of Taylor v. Caldwell, 3 B. & S. 826, 833, "Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible." This also has been frequently declared by the courts. Jones v. St.... | |
 | California. Supreme Court - 1915 - 980 sivua
...Caldwell, 3 B. & S. 833, [122 Eng. Reprint, 309], where the rule is thus announced : "There seems no douht that where there is a positive contract to do a thing...become unexpectedly burthensome or even impossible. . . . But this rule is only applicable when the contract is positive and absolute and not subject to... | |
 | 1916 - 1138 sivua
...this to be the rule as declared in Taylor v. Caldwell, 3 Best & Smith, QB 113 ECL (Ed. 1867) 824: 1. Where there is a positive contract to do a thing,...performance of his contract has become unexpectedly burdensome or even impossible. 2. But this rule is only applicable when the contract is positive and... | |
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