 | Theophilus Parsons - Admiralty - 1869 - 728 pages
...In that case the rule of law laid down in Puradine r. Jane, Aleyn, 26, applies, namely. ' That when a party by his own contract creates a duty or charge...might have provided against it by his contract.'" See also Nay lor o. Taylor, 9 B. & C. 718. 2 Avery v. Bowden, 5 Ellis & B. 714, 33 Eng. L. & Eq. 133.... | |
 | Great Britain. Courts - Law reports, digests, etc - 1869 - 1144 pages
...the war. But when the party, by his own contract, "creates a duty or charge upon him- \\ac.\ self, he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning or thrown... | |
 | Great Britain. Courts - Law reports, digests, etc - 1870 - 556 pages
...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...might have provided against it by his contract."] Here, it is submitted, the performance of the condition was not only impossible, but it was illegal.... | |
 | Austin Abbott - Civil procedure - 1870 - 570 pages
...surrender possession of the leasehold premises, and of the land so leased or occupied." Austin v. Field. is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract" (3 Kent Com., 465. It is established in this State that a lease of certain apartments in a building,... | |
 | Great Britain. Courts - Law reports, digests, etc - 1871 - 552 pages
...in courts of law as a sound one, te, that, when the party by his own contract creates a *8401 d ut y or charge upon *himself, he is bound to make it good...he might have provided against it by his contract :' and he refers to several other cases where the same principle has been recognised. The defendant... | |
 | Law - 1901 - 542 pages
...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...he might have provided against it by his contract." To this general rule there is a group of exceptions, one of which is that legal impossibility, arising... | |
 | Law reports, digests, etc - 1872 - 710 pages
...But when the party, by his own contract, creates a duty or clmrce upon himself, he is bound to mnke it good, if he may, notwithstanding any accident by...he might have provided against it by his contract. A'nd therefore, it the lessee covenant to repair a house, though it be burnt by "lightning, or thrown... | |
 | Law - 1872 - 384 pages
...party by his own contract creates a duty or charge upon himself he is bound to make it good if he muy, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract." That ia adopted in Clifford v. Wallt. 18 W. R 925, L. U. б С. Р. 677, which is the last case bearing... | |
 | United States. Supreme Court - Law reports, digests, etc - 1873 - 740 pages
...so, in escape, if a prison be destroyed by tempest or enemies, the gaoler is excused. But where the party by his own contract creates a duty or charge...he might have provided against it by his contract." It is contended that the bond, in this case, has the effect of such a special contract, and several... | |
 | James Perronet Aspinall, James. A. Petrie - Law reports, digests, etc - 1873 - 654 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...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... | |
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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. 
