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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. And therefore if... "
Commentaries on the Law of Bailments: With Illustrations from the Civil and ... - Side 37
av Joseph Story - 1856 - 653 sider
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A Treatise on Equity: With the Addition of Marginal References and ..., Volum 1

Henry Ballow, John Fonblanque - 1820 - 492 sider
...notwithstanding any accident by inevitable necessity, because he might have provided against such liability by his contract : and therefore, if the lessee covenant...repair a house, though it be burnt by lightning, or destroyed by the king's enemies, yet the lessee is bound to repair it ; Dyer, 33, a. Hob. 40 ; so if...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 724 sider
...himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown down by enemies,...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 720 sider
...it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown down by enemies, yet he ought to repair it (d). In consequence of this obligation, and in order to afford some protection to the tenant, it...
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Epitome of the Laws of Nova-Scotia, Volum 3

Beamish Murdoch - 1833 - 254 sider
...therefore bound to rebuild. See Wms. n. 2 Saund, 422, (2), Walton v. Waterhouse. For the same reason, if a lessee covenant to repair a house, though it be burnt by lightning, or thrown down by enemies, fall down, or be destroyed by any other inevitable accident, yet he is bound to repair it within a...
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Cases Argued and Determined in the Court of Common Pleas: With ..., Volum 4

Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 sider
...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....or thrown down by enemies, yet he ought to repair it; Dyer, 33 a., 40 E.3. 6." (a) That case has been repeatedly recognised and affirmed in more modern...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volum 2

Archibald John Stephens - 1842 - 1072 sider
...by inevitable necessity, because he might have provided against it by his contract. If, therefore, a lessee covenant to repair a house, though it be burnt by lightning or by accident, or thrown down by the king's enemies, yet he is bound to repair it. (2) If a lease for...
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A Treatise on the Law of Contracts and Rights and Liabilities Ex Contractu

Charles Greenstreet Addison - 1847 - 988 sider
...charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract....the lessee covenant to repair a house, though it be burned down by lightning, or thrown down by enemies, yet he ought to repair it." (/>) Thus where a...
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A Treatise on the Law of Landlord and Tenant: With an Appendix of Statutes ...

Charles Broadbelt Claydon - 1847 - 524 sider
...himself, he is bound ui make it good, if he may ; notwithstanding any accident by inevitable necessity ; because he might have provided against it by his contract : and therefore if a lessee covenants to repair a house, he will be bound to do so : though it be burned down by lightning...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volum 17

Georgia. Supreme Court - 1856 - 736 sider
...inevitable necessity, because he might have provided aga"mst it by COB. tcact. And therefore, if a lessee covenant , to repair a' house, though it be burnt by lightning, or thrown dowa by enemies, yet he ought ' to repair _ib. (faradine vs. Jane, Aleyn's R. J26 27. • . Sreckndck...
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Reports of Cases Argued and Determined in the English Courts of ..., Volum 9

Great Britain. Court of Common Pleas - 1857 - 572 sider
...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....or thrown down by enemies, yet he ought to repair it. Dyer, 33 a ; 40 E. 3, 6."(c) In Atkinson v. Ritchie, 10 East, 530, the owner of a vessel was held...
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