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" But 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 or inevitable necessity, because he might have provided against it by his contract. "
The Central Law Journal - Страница 303
1885
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 страница
...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...
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A Digested Index to the Modern Reports, of the Courts of Common Law ..., Том 1

Nicholas Baylies - 1814 - 576 страница
...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 or charge upon himself, he is bound to make it good notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the...
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Reports of Cases Argued and Determined in the Courts of Common Pleas ..., Том 3

Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 696 страница
...Defendant therefore is excufed; for the rule of law, as laid down in Para dine v. Jane; Ahyn, 27. is, that " when a party by „ his own contract creates a duty or charge upon himfelf, he is bound to make it good, if he may, notwith (land ing any accident by inevitable necelfity,...
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Term Reports in the Court of King's Bench, Том 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 страница
...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...accident by inevitable necessity, because he might save provided agaiust it by hie contract." So, in this case, there ] 799. was one accident against...
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A Treatise on Equity: With the Addition of Marginal References and Notes, Том 1

Henry Ballow, John Fonblanque - 1820 - 492 страница
...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 such...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of that ..., Том 4

Charles Barton - 1821 - 586 страница
...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 or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 страница
...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 or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay...
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A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - 1824 - 680 страница
...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 good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Том 4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 страница
...perform it, without any act in him, and hath no remedy over, there the law will excuse him; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 724 страница
...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 can, notwithstanding any accident by inevitable necessity ; because he might have provided against...
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