 | Mathew Carey - 1789 - 632 pàgines
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life, or... | |
 | 1790 - 286 pàgines
...286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed.... | |
 | Charles Viner - 1792 - 540 pàgines
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe... | |
 | William Cruise - 1804 - 596 pàgines
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe.... | |
 | William Selwyn - 1812 - 700 pàgines
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . Where the law creates a duty or charge*, and the party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 pàgines
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pàgines
...introduced such an exception into their contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party...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... | |
 | Francis Buller - 1817 - 684 pàgines
...358. (cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse... | |
 | Charles Barton - 1821 - 586 pàgines
...(to be hereafter noticed) which are implied by operation of law : for when the law creates a 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 duty or charge upon himself,... | |
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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... 
