 ... 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 Northeastern Reporter - Page 1631913Full view - About this book
 | Thomas Platt - Covenant - 1829 - 724 pages
...of 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 upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity ; because he might have... | |
 | Law - 1833 - 560 pages
...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 upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity; because, he might have... | |
 | Law - 1832 - 504 pages
...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 upon himself, he is bound to make it good, if he may, notwithstanding any 'accident by inevitable necessity; because he might have... | |
 | Joseph Story - Bailments - 1832 - 460 pages
...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 upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity ; because he might have... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - Law reports, digests, etc - 1889 - 648 pages
...it, without any default in him, and hath no 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, if he may, notwithstanding any accident by inevitable necessity, because he might have... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...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, conventio... | |
 | Alfred Dowling, Vincent Dowling - Civil procedure - 1844 - 1158 pages
...This was to be collected from the case of 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, if he may, notwithstanding any accident by inevitable necessity, because he might have... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 800 pages
...Jur. ยง 765-768. (6) This point was expressly determined in Phillips v. Stevens, 16 Mass. 238. Where a party by his own contract, creates a duty or charge upon himself, he is bound, notwithstanding any inevitable accident, to make it good, if he con. Thus a lessee could not be released... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 586 pages
...our own government to Falmouth, in her way out. And Lawrence, J. referred to All. 27, " that where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwiihstanding any accident by inevitable necessity; because he might have... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1845 - 930 pages
...it was holden that the plea was insufficient, and that the defendant must pay his rent ; for where a party, by his own contract, creates a duty or charge upon himself, he is bound to nuke it good, notwithstanding any accident by inevitable necessity, because he might have provided... | |
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