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Bøker Bok 110 av 141And this difference was taken, that where the law creates a duty or charge, and the...
" And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. "
Reports of Cases Decided in the Court of Appeals of the State of New York - Side 504
av New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, James Newton Fiero, Alvah S. Newcomb - 1867
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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1802 - 717 sider
...during the term. The rule is, that when the law creates a duty, and the 6T. R. 751. party is difabled to perform it without any default in him, and he has no remedy over, the law will excufe him : but when the party by his own contraft creates a duty or charge upon himfelf, he is bound...
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A Treatise on the Law of Obligations, Or Contracts, Volum 1

Robert Joseph Pothier - 1806
...referred to in fome of the preceding cafes is, tb-u when the law creates a duly, and the party is difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is...
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A Digested Index to the Term Reports: Containing All the Points of Law ...

1812 - 666 sider
...broken down by an extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,...
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A Digested Index to the Modern Reports, of the Courts of Common Law ..., Volum 1

Nicholas Baylies, Sir Thomas Edlyne Tomlins, John Ilderton Burn - 1814
...brukea down by an extraordinary flood. Brecknock, Xfc. Navigation Си. v. Pritchard. 6 Term Hep. 730. 1 When the law creates a duty, 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...
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Term Reports in the Court of King's Bench, Volum 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817
...contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party is disabled to 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...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821
...In which they differ from those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a 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 or charge upon himself,...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volum 4

Charles Barton - 1821
...which they differ from those (to be hereafter noticed) which are implied by operation of law : for when the law creates a duty, 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 or charge upon himself,...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volum 5

Virginia. Supreme Court of Appeals, Peyton Randolph - 1827
...way of exemplifying them; the substance of &c' which was, that when the law creates a duty or charge, and the party is disabled to perform it without any default in him, and has no remedy over, there the law will excuse him; as in case of waste, if a house be destroyed by...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 660 sider
...an irresistible wind, will not effect his discharge (c). But where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him, as in the case of waste, where the house is destroyed...
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The Legal Observer, Or, Journal of Jurisprudence, Volum 7

1833
...In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him; but, when the party by his own contract creates...
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