 | Joseph Story - 1832 - 460 sider
...remedy over, there 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,...he might have provided against it by his contract." This distinction has the countenance of highly respectable authorities.1 But in the present state of... | |
 | 1832 - 504 sider
...remedy over, there 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,...he might have provided against it by his contract." This distinction has the countenance H of highly respectable authorities. l But in the present state... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - 1833 - 830 sider
...down in Paradine v. Jane (c) applies — " That, where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good,...he might have provided against it by his contract." We therefore think the rule for a new trial must be refused. Rule refused. («) 5 Rob. Adm. Rep. 264.... | |
 | Jacob D. Wheeler - 1835 - 618 sider
...creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it by his contiael. 11. HALLETT v. WILIE, Feb. T. 1808, 3 Johns. NY Rep. 44 ; S. P., FOWLER v. BOTT ET AL. 6... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 sider
...remedy over, then 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,...he might have provided against it by his contract This distinction is founded in reason and authority. Jllleyn, 27. Hadley v. Clarke, (8 TR 259.) The... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 sider
...remedy over, there the law will excuse him ; but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by inevitable necessity, because he might have provided against it by... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - 1274 sider
...been destroyed by the war plea. Whereupon the writ was 964, 184-2. EVANS v. BUTTON. creates a duty or charge upon himself, he is bound to make it good,...he might have provided against it by his contract. And, therefore, if the lessee covenant to repair a house, though it be burnt by lightning or thrown... | |
 | Archibald John Stephens - 1842 - 1072 sider
...hath no remedy over, he will be excused ; but when, by his own express contract, he creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident even by inevitable necessity, because he might have provided against it by his contract. If, therefore,... | |
 | Alfred Dowling, Vincent Dowling - 1844 - 1158 sider
...Paradine v. Jane (a), where it was laid down, that where a party by his own contract creates a duty or charge upon himself, he is bound to make it good,...necessity, because he might have provided against it by the contract. There was nothing alleged in the defendant,s pleas in this case, which shewed that it... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 586 sider
...in courts of law, as a sound one : ie that " when the party by his own contract creates " a duty or charge upon himself, he is bound to make it good, if he may ; not" withstanding any accident by inevitable necessity ; because he might have " provided against... | |
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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. 
