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" 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 he might have provided against it by his contract. "
Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Page 225
by Peregrine Bingham, Great Britain. Court of Common Pleas - 1834
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A Digest of the Laws of England Respecting Real Property, Volume 3

William Cruise - Real property - 1818
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to...
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A Treatise of Equity: With the Addition of Marginal References and ..., Volume 1

Henry Ballow, John Fonblanque - Equity - 1820
...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 such liability by his contract : and therefore, if the lessee covenant to repair a house, though it...
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - Landlord and tenant - 1822 - 668 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...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became...
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A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - Maritime law - 1824 - 650 pages
...party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity...he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it either as to...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Draddy v..Dea~ c'>n,S t'ern. 242. tends to shew, -that an embargo...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Virginia. Supreme Court of Appeals, Peyton Randolph - Law reports, digests, etc - 1827
...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...he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff, in these causes,...
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A Practical Treatise on the Law of Covenants

Thomas Platt - Covenants - 1829 - 660 pages
...GOD. act of God. j ane ( a ) } has often been recognised in courts of law as a sound one ; ie when a party by his own contract creates a duty or charge...he might have provided against it by his contract () : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed...
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The Legal Observer, Or, Journal of Jurisprudence, Volume 7

Law - 1833
...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...he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,...
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Commentaries on the Law of Bailments: With Illustrations from the Civil and ...

Joseph Story - Bailments - 1832 - 411 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...he might have provided against it by his contract." This distinction has the countenance of highly respectable authorities.1 But in the present state of...
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The American Jurist and Law Magazine, Volume 7

Law - 1832
...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...he might have provided against it by his contract." This distinction has the countenance H of highly respectable authorities. l But in the present state...
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