 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
 | Great Britain. Courts - 1918 - 676 sivua
...Lord Blackburn in the case of Taylor v. CaldweU (8 LT ßep. 356 ; 3 В. & В. 826) in these words : " Where there is a positive contract to do a thing,...unforeseen accidents, the performance of his contract may become unexpectedly burdensome or even impossible. • • . But this rule is only applicable where... | |
 | Great Britain. Courts - 1873 - 648 sivua
...intention. . . . Accordingly it has been frequently laid down to the effect that where there is an absoluto contract to do a thing, not in itself unlawful, the...performance of his contract has become unexpectedly bnrthensome, or even impossible." BLACKBURN, J.—In the present case there is both an exception of... | |
 | Great Britain. Commercial Court - 1900 - 500 sivua
...law by Blackburn J. in Taylor v. Caldwell (2), in the following terms : — " There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible. The law is so laid down in 1 Iloll. Abr. 450, Condition (g), and in the note (2) to Walton v. Walerhouse... | |
 | 1918 - 414 sivua
...the authority of Mr. Justice Blackburn, who had laid down the ruling in Taylor v. Caldwell,10 that in "a positive contract to do a thing, not in itself unlawful, the contractor must perform or pay damages for not performing, although in consequence of unforeseen accidents, the performance... | |
 | 1928 - 700 sivua
...Cal&cell (8 LT Rep. 365 ; 3 Best & Smith 826) by Lord Blackburn (then Blackburn, J.) formulates them : " Where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible. . . . But . . . where from the nature of the contract it appears that the parties must from the beginning... | |
 | 1891 - 964 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... | |
 | 1923 - 1628 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 v.... | |
 | New South Wales. Supreme Court - 1913 - 834 sivua
...This follows from the ruling in Tat/lnr v. Caldwell (:? B. and S. at p. 833) : ''There seems no doubt that where there is a positive contract to do a thing,...become unexpectedly burthensome or even impossible. The law is so laid down in 1 Koll. Abr. 450. condition (G), and in the note (2) to Walton v. Waterhonse... | |
 | California. Supreme Court - 1922 - 936 sivua
...from Tine Tornado, Lord Blackburn states the underlying principle as follows: "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. The law is so laid down in 1 Roll. Abr. 450, Condition (G), and in the... | |
 | James Gordley, Arthur Taylor von Mehren - 2006 - 648 sivua
...loss which the plaintiffs have sustained is to fall upon the defendants.. . . 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. The law is so laid down in 1 Roll.Abr. 450, Condition (G), and in the... | |
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