 | Edward Norman Lewis - Coastwise shipping - 1885 - 568 pages
...by his own contract creates a duty or charge upon himself, he is bound to perform or make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. As recited by Lord Kenyon from Co. Litt. 209 a : "If a man undertakes what he cannot perform, he shall... | |
 | Law reports, digests, etc - 1898 - 1150 pages
...Law, 513, thus: "No rule of law is more firmly established by a long train of decisions than this: that, where a party, by his own contract, creates...he might have provided against it by his contract » » • If, before the building is completed or accepted, it Is destroyed by fire or other casualty,... | |
 | Law reports, digests, etc - 1913 - 1134 pages
...72 Am. Dec. 373: "No rule of law is more firmly established by a long trahi of decisions than this, that where a party, by his own contract, creates a...he might have provided against It by his contract. The law will not insert, for the benefit of one of the parties, by construction, an exception which... | |
 | Law reports, digests, etc - 1886 - 844 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...he might have provided against it by his contract. This distinction is founded in reason and authority: Aleyn,27; Hadley\. Clarke, 8T. E. 259; TheCompany... | |
 | Law reports, digests, etc - 1911 - 1146 pages
...perform it, without any default in him, and hath no remedy over, then the law will excuse ; but when the party by his own contract creates a duty or charge...necessity, because he might have provided against it.' Hand v. Bnynes, 4 Whart 204, 33 Am. Dec. 54. The first clause In the lease includes the property described... | |
 | Joel Prentiss Bishop - Contracts - 1887 - 824 pages
...There are multitudes of cases in which the judges have said that, to quote from an old one,5 " when the party by his own contract creates a duty or charge...necessity, because he might have provided against it by his contract."6 And this observation is not unfrequently applied even where the impediment came from the... | |
 | Royal Institution of Chartered Surveyors - 1903 - 710 pages
...FREEMAN, KC, Attociatc. с. " When a party by his own contract creates n duty or charge проп •• himself, he is bound to make it good if he may. notwithstanding...he might have provided against "it by his contract" (Pitrailine v. Jane, Aleyu, 2C>). The lessors can sustain such a claim, and the fact that the railway... | |
 | Law reports, digests, etc - 1903 - 1254 pages
...remedy over, the law will excuse him. But »hen a party by his own contract creates a '•barge or duty upon himself, he is bound to make it good, if he may,...necessity, because he might have provided against It by bis contract." The court citing Davis v. Smith, 15 Mo. 467; Harrison v. Ry. Co., 74 Mo. 364, 41 Am.... | |
 | Law reports, digests, etc - 1887 - 844 pages
...where a party, by his own contract, creates a 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 in reference to the argument of hardship, the court very justly says: "No matter how harsh and... | |
 | Law reports, digests, etc - 1911 - 1320 pages
...Jurisprudence as early as the year 1178 was based upon the ground as stated in this case that: "Where the party by his own contract creates a duty or charge...he might have provided against it by his contract" By the language of the Constitution of the state of New York, this rule with the remainder of the common... | |
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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. 
