 | John Chipman Gray - Personal property - 1888 - 816 pages
...justices, that they should not proceed in a cessavit upon a cesser during the war, but when the part}- by his own contract creates a duty or charge upon...he might have provided against it by his contract. And therefore if the lessee covenant to repair a house, though it be burned by lightning, or thrown... | |
 | Horace Gay Wood - Landlord and tenant - 1888 - 858 pages
...or by enemies, the lessee was excused ; but irhen the party, l»j hix own contract, creates mduti/ or charge upon himself, he is bound to make it good,...he might have provided against it by his contract." Paradine v. Jane, Styles, 47. Equity will not relieve a tenant from the hardship of a covenant to repair,... | |
 | John Davison Lawson - Actions and defenses - 1890 - 944 pages
...where the 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, because he might have provided against it by his contract."6 1 Leake on Contracts, 692. * Paradine f. Jane, Aleyn, 26. 1 Bullock r. Pottinger, 3J. J.... | |
 | Great Britain. Courts - Law reports, digests, etc - 1873 - 648 pages
...excuse him; .... but when the party by his own contract creates a duty or charge upon himself he ia bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." But assuming that this is at present a correct exposition of the law of England (though the last proposition... | |
 | James Perronet Aspinall, James. A. Petrie - Law reports, digests, etc - 1873 - 652 pages
...law will excuse him; but when the party by his own contract creates a duty or charge upon himself, ho is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract.' So in this case, there was one accident against which the defendants provided by their contract; they... | |
 | Law reports, digests, etc - 1884 - 892 pages
...often," says Lord Ellenborough, " been recognised in courts of law as a sound one, ie, that when the party by his own contract creates a duty or charge...he might have provided against it by his contract." [See also Spence v. Chodwick (vli sup.), Lloyd v. Gutbert (ubi sup.)"} If inevitable necessity occurring... | |
 | Law reports, digests, etc - 1860 - 590 pages
...general rule upon the subject is, that when a person by his own contract creates a duty or charge- npon himself, he is bound to make it good if he may, notwithstanding...he might have provided against it by his contract : Parradine v. Jane, Alera Kep. 27, cited and acted oil in Jfiulfey v. Clarice, 8 TR 259, and Atkiiuon... | |
 | Law reports, digests, etc - 1918 - 866 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 : (see per cur. in Paradme v. Jane (1647, АЛеуп, 26). That principle was applied with full severity... | |
 | Law reports, digests, etc - 1838 - 1028 pages
...perform it, without any default in him, and hath 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." As to the assertion, that if the defendant opened the house under a licence, which turned out to be... | |
 | Law reports, digests, etc - 1873 - 840 pages
...over, there the law will excuse him ; but, when the party by his own contract creates a duty or cliarge upon himself, he is bound to make it good if he may,...he might have provided against it by his contract.' So, in this case, there was one accident against which the defendants provided by their contract. They... | |
| |
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. 
