| Charles Viner - Law - 1792 - 704 pages
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by... | |
| Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
| Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...and the party is disabled to perform it U'ithout any default in him, the law will excuse him : but when the party by his own contract creates a duty...notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the lessee, would not dig gravel out of any part of the... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...perform 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 himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,... | |
| Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the 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... | |
| CHARLES BARTON - 1821 - 580 pages
...duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| Charles Barton - Conveyancing - 1821 - 586 pages
...and the party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| William Woodfall - Landlord and tenant - 1822 - 722 pages
...to 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 it good if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
| Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it...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 performance... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 708 pages
...therefore is excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when a 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... | |
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