 ... 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.  The Elements of Jurisprudence - Page 218by Thomas Erskine Holland - 1900 - 430 pagesFull view - About this book
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 pages
...Defendant therefore is excused; for the rule of tew, as laid down in Parading v. Jane, Aleyn, 27. is, that " when a party by his own contract creates a...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract." But in this case... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 pages
...perform it, without any act 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 il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided... | |
 | Thomas Platt - 1829 - 724 pages
...perform it without any default in him, and he has no remedy over, 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 can, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
 | 1833 - 560 pages
...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...make it good, if he may, notwithstanding any accident by inevitable necessity; because, he might have provided against it by his contract.' This distinction... | |
 | Joseph Story - 1832 - 460 pages
...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...make it good, if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract." This distinction... | |
 | 1832 - 504 pages
...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...it good, if he may, notwithstanding any 'accident by inevitable necessity; because he might have provided against it by his contract." This distinction... | |
 | Jacob D. Wheeler - 1835 - 618 pages
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 pages
...it, without any default in him, and hath no remedy over, then the law will excuse him ; but when the party by his own contract creates a duty or charge...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract This distinction... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 pages
...remedy over, there the law will excuse him ; but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by inevitable necessity, because he might have provided against it by... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 pages
...will hold this bad been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. creates a duty or charge upon himself, he is bound...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. And, therefore,... | |
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