 | Charles Greenstreet Addison - 1881 - 800 sider
...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,...he might have provided against it by his contract. Another reason was added that, as the lessee is to have the advantage of casual profits, he must run... | |
 | 1882 - 862 sider
...abovementioned. But the answer is that the company would not be liable under those circumstances. " When a party by his own contract creates a duty or charge...he might have provided against it by his contract ; but where the law creates a duty or charge, and the party is disabled to perform it without any default... | |
 | 1882 - 772 sider
...above-mentioned. But the answer is that the company would not be liable under those circumstances. " When a party by his own contract creates a duty or charge...he might have provided against it by his contract, but where the law creates a duty or charge and the party is disabled to perform it without any default... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 736 sider
...when a party by his ,>wn contract creates a 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." The rale is stated thus by Hutchinson on Carriers, section 317 : "If the carrier has agreed to carry... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 sider
...If a 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, because he might have provided against it by contract. Trustees of Trenton v. Bennett, 3 Dutch., 514; Tompkins v. Cook and others vs. McCabe. Dudley,... | |
 | 1884 - 978 sider
...Spain, without default on the part of the officers of the ship. The court affirm the rule that when a party, by his own contract, creates a duty or charge...might have provided against it by his contract." It was for the libelees to furnish the evidence to discharge themselves for the failure to perform their... | |
 | 1894 - 1170 sider
...of the subject-matter of the contract which would have excused performance. The theory that, when a party by his own contract creates a duty or charge...he might have provided against it by his contract, had its origin in the dictum of the court in Paradine v. Jane, Aleyn, 2G, and this rule is not infrequently... | |
 | 1884 - 632 sider
...in Courts of law as a sound one — that is, that when the party by his own contract creates a dnty or charge upon himself, he is bound to make it good...he might have provided against it by his contract." See also Spence v. Chodwlck (17) and Lloyd v. G,iiberl (7). If inevitable necessity occurring in this... | |
 | Judah Philip Benjamin - 1884 - 646 sider
...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,...he might have provided against it by his contract." Shaw, CJ, in Mill ¿am Foundry t>. Hovey, 21 Pick. 417, 441. 5. The condition of payment on delivery... | |
 | Richard Hallilay - 1884 - 678 sider
...party by fiis own contract creates a duty or charge upon himself he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Hence, where a lessee covenants generally to pay rent he is bound to pay it, though... | |
| |
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. 
