 | William Cruise - 1818 - 540 sidor
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for years was bound to... | |
 | William Woodfall - 1822 - 722 sidor
...perform his covenant, by which he was expressly bound to pay rent during the term (a). The rule is, that when the law creates a duty, and the party is disabled...he might have provided against it by his contract (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and the colliery became... | |
 | Francis Ludlow Holt - 1824 - 680 sidor
...party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity...he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against it either as to... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 708 sidor
...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...he might have provided against it by his contract." But in this case the Defendant was absolutely prevented by change of circumstances, and by the neglect... | |
 | Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - 1826 - 706 sidor
...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...he might have provided against it by his contract." But in this case the Defendant was absolutely prevented by change of circumstances, and by the neglect... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 sidor
...but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable...he might have provided against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff, in these causes,... | |
 | Thomas Platt - 1829 - 724 sidor
...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...he might have provided against it by his contract (6) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed by... | |
 | Thomas Platt - 1829 - 720 sidor
...by his own contract creates a duty or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity;...he might have provided against it by his contract. And therefore, if a lessee covenants to repair a house, though it be destroyed by lightning, or thrown... | |
 | 1833 - 560 sidor
...and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him; but, when the party by his...he might have provided against it by his contract.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750. Hndley v. Clarke,... | |
 | 1832 - 504 sidor
...and the party is disabled to perform it without any default in him, and he hath no remedy over, there the law will excuse him ; but when the party by his...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... | |
| |
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. 
