... 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. The Irish Jurist - Pàgina 1451851Visualització completa - Sobre aquest llibre
| Charles Viner - 1792 - 704 pàgines
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by... | |
| Robert Joseph Pothier - 1806 - 712 pàgines
...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 bound to make it good if he may, notwithftanding any accident by inevitable... | |
| Sir Thomas Edlyne Tomlins - 1812 - 736 pàgines
...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, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
| Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pàgines
...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 a duty or charge upon himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,... | |
| Henry Ballow, John Fonblanque - 1820 - 492 pàgines
...remedy, the law will excuse him ; as in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party,...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... | |
| Charles Barton - 1821 - 586 pàgines
...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...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| CHARLES BARTON - 1821 - 580 pàgines
...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...himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay rent, or to repair,... | |
| William Woodfall - 1822 - 722 pàgines
...disabled to 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 upon himself, he is bound to make it good if he may, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 pàgines
...therefore is excused; for the rule of tew, as laid down in Parading v. Jane, Aleyn, 27. is, that " when a 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... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 pàgines
...therefore is excnsed; for the rule of law, as \rnOt down in Paradine v. Jane, Alet/n, 27. is, that " when a 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... | |
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