 | William Cruise - 1818
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to... | |
 | Henry Ballow - 1820
...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 liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - 1822 - 668 sider
...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...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became... | |
 | Francis Ludlow Holt - 1824 - 650 sider
...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...he 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... | |
 | Sir John Bernard Bosanquet, Sir Christopher Puller, A. Moore - 1826
...where a party by his own contract creates a duty and charge upon himself, he is bound to perform it, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Though the case of Draddy v..Dea~ c'>n,S t'ern. 242. tends to shew, -that an embargo... | |
 | Virginia. Supreme Court of Appeals, Peyton Randolph - 1827
...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...he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff, in these causes,... | |
 | Thomas Platt - 1829 - 660 sider
...Paradine v. act of God. jane(a)} has often been recognised in courts of law as a sound one ; ie when a party by his own contract creates a duty or charge...he might have provided against it by his contract (6) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed by... | |
 | Thomas Platt - 1829 - 660 sider
...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;...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... | |
 | 1833
...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 a duty or charge...he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,... | |
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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. 
