 | Thomas Platt - 1829 - 724 sidor
...and broken down (c). And the distinction taken in the books is this : when the law creates a duty, and the party is 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... | |
 | Elijah Paine - 1830 - 684 sidor
...clearly.77 Covenants in large and general terms have been frequently narrowed and confined.78 Acciden1, Where the law creates a duty or charge, and the party is cu8c8 per- disabled from performing it, without any default on his part, Inrroanco. ' - ' , and has... | |
 | 1833 - 560 sidor
...different reasonings on which they proceed. In Aleyne's Reports, 27. this distinction is taken : — ' Where the law creates a duty or charge, and the party...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 own contract creates... | |
 | 1869 - 1032 sidor
...service. The law will not imply any exception. Paradiite v. Jane (3) points out the distinction : " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him." Hall v. Wright (4) is in the plaintiff's favour. [MONTAGUE SMITH, J. — There it was not impossible... | |
 | 1832 - 504 sidor
...; 2 Saund. 422, note by Williams (2) ; 6 TR 750. 148 Law of Bailments. [Jan. tinction is taken : " Where the law creates a duty or charge, and the party...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 own contract creates... | |
 | Joseph Story - 1832 - 460 sidor
...out the different reasonings, on which they proceed. In Aleyne's R. 27, this distinction is taken : " Where the law creates a duty or charge, and the party...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 own contract creates... | |
 | Jacob D. Wheeler - 1835 - 618 sidor
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - 648 sidor
...a defence to a suit for failure to perform the contract ? It is very clear that it would not. When the law creates a duty or charge, and the party is...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... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - 706 sidor
...Paradine v. Jane (j), cited by Laicrence, Justice, in Hadley v. Clarke, this distinction b taken, " when the law creates a duty or charge, and the party is...but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by... | |
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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... 
