 ... 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
 | 1855 - 800 pages
...without any default in himself, and has no remedy, even, then 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, notwithstanding any accident or delay by inevitable necessity, because he might have provided against... | |
 | Conway Robinson - 1855 - 884 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 accident by inevitable necessity ; because he might have provided against it by... | |
 | William Hughes - 1855 - 878 pages
...Blackbnrn, 3 •es. 3S); or even through the act of a mere stranger (Green v. Bales, 1 Ga. & v. 46s) ; for when a party by his own contract creates a duty or charge No. II. 7- ALSO not to assign or underlet the said messuage and pnA e~em«i(/«r mises, or any part... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 pages
...non-performance. In that case, the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' That where a 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 the contract' " This judgment... | |
 | United States. Court of Claims - 1856 - 656 pages
...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...make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. It that case, which... | |
 | William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - 1138 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 good his contract, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | Georgia. Supreme Court - 1856 - 736 pages
...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided... | |
 | United States. Congress. Senate - 1856 - 594 pages
...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... | |
 | Great Britain. Court of Common Pleas - 1857 - 572 pages
...the justices, that they should not proceed in a cessavit, upon a cesser during the war. 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. And, therefore,... | |
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