 ... 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
 | Great Britain. Courts - Law reports, digests, etc - 1864 - 820 pages
...that case the rule of law laid down in Paradine v. Jane, Alleyn's Rep. 27, applies, viz. "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... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 482 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... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1864 - 1042 pages
...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 himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...without any default in himself, and has no remedy over, then the law will excuse him ; but where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 820 pages
...perform it without any default in him, and hath no remedy over, there the law will excuse him But 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... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 pages
...non-performance. In that case the rule of law laid down in Paradine v. Jane (o) applies, viz. : ' 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... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 1050 pages
...Ch.J. " No rule of law is more firmly established by a long train of decisions than this, 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1868 - 622 pages
...although it had become impossible, without any default on the part of the plaintiff; that " whenever 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... | |
 | Theophilus Parsons - Admiralty - 1869 - 728 pages
...non-performance. In that case the rule of law laid down in Puradine r. Jane, Aleyn, 26, applies, namely. ' 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... | |
 | John Neilson Taylor - Landlord and tenant - 1869 - 820 pages
...without his fault, and he has no remedy over against some other person, the law will excuse him ; but when a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or inevitable necessity ; because he might have provided... | |
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