 | Charles Viner - 1792 - 704 pages
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by... | |
 | Sir Thomas Edlyne Tomlins - 1812 - 736 pages
...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, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease... | |
 | Nicholas Baylies - 1814 - 576 pages
...and the party is disabled to perform it U'ithout any default in him, 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 notwithstanding any accident by inevitable necessity. 6 Term Rep. 751. 5 Covenant in a lease that the... | |
 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 pages
...perform 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 himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,... | |
 | William Cruise - 1818 - 540 pages
...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; because 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... | |
 | Henry Ballow, John Fonblanque - 1820 - 492 pages
...in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party, by his own contract, creates a duty...charge upon himself, he is bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against such... | |
 | CHARLES BARTON - 1821 - 580 pages
...duty, and the party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | Charles Barton - 1821 - 586 pages
...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...charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay... | |
 | William Woodfall - 1822 - 722 pages
...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...; because 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... | |
 | Francis Ludlow Holt - 1824 - 680 pages
...just principles in Paradine v. Jane, (a) " That when the 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 ; because he might have provided against it 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 against it by his contract. 
