 | Sir William Reynell Anson - Agency (Law) - 1880 - 494 pages
...without any default in him, and hath no remedy over, there the law will excuse him. As in *315 tlie case of Waste, if a house be destroyed by tempest, or by enemies, the lessee is excused But when a party by his own contract creates a, duty or charge upon himself, he is bound to make it... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - Canals - 1880 - 788 pages
...counsel for the plaintiffs: — The distinction taken in the books is this : When the law creates a duty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will " if the defendants had chosen to except any loss of any " kind,... | |
 | Charles Greenstreet Addison - Contracts - 1881 - 820 pages
...from the premises by alien enemies, his plea was held insufficient. (y~) It was there resolved that, "where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him"; but " where the party by his own contract creates a duty or charge upon himself, he is bound to make... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1881 - 968 pages
...Sauuder's Reports, 2 Saund. 69; Walton v. Waterhouse, id. 422, note 2. " When the law creates adnty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse it, as in waste, if a house be destroyed by tempest or by... | |
 | Law reports, digests, etc - 1882 - 772 pages
...any accident by inevitable necessity, because he might have provided against it by his contract, but where the law creates a duty or charge and the party...hath no remedy over, there the law will excuse him " : Paradine v. Jane. (I) Moreover, s. 43 of the General Act of 1847, which fixes a penalty for the... | |
 | Law reports, digests, etc - 1882 - 862 pages
...any accident by inevitable necessity, because he might have provided against it by his contract ; but where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him " — Paradme v. Jane (2). Moreover, section 43 of the general Act, 1847, which fixes a penalty for... | |
 | Encyclopedias and dictionaries - 1883 - 802 pages
...nd impossUnUa (the law docs not compel a man to do that which he cannot possibly perform). A\ here the law creates a duty or charge, and the party is disabled to perform it without any default of his own, and has no remedy over, the law will in general excuse him. Common carriers, in accordance... | |
 | Sir William Reynell Anson - Agency (Law) - 1884 - 456 pages
...should have come. But the Court held that this was no excuse ; ' and this difference was taken, that where the law creates a duty or charge and the party...by tempest, or by enemies, the lessee is excused. . . . But when a party by his own contract creates a duty or charge vjion himself, he is bound to make... | |
 | Law reports, digests, etc - 1884 - 1030 pages
...to perform it without any default of him, and he has no remedy over, the law will excuse him; as in waste, if a house be destroyed by tempest, or by enemies, the lessee is excused; so in escape, if a prison be destroyed by tempest or enemies, the gaoler is excused. But where the... | |
 | Richard Hallilay - Civil procedure - 1884 - 678 pages
...after the premises have been accidentally burnt. A.—The rule is, that when the law creates a duty, and the party is disabled to perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when the party by fiis own contract creates a... | |
| |
... 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. 
