 | Alfred Dowling, Vincent Dowling - 1844 - 1158 pages
...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 provided against... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - 1845 - 586 pages
...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 provided against... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1845 - 930 pages
...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... | |
 | Great Britain. Bail Court - 1846 - 1082 pages
...destroyed by tempest or enemies the gaoler is excused, 33 Hen. 6, c. 1 ; 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... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 pages
...case, the rule of law laid down in Paradine v. Jane(e) 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 provided against... | |
 | Charles Greenstreet Addison - 1847 - 988 pages
...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...he might have provided against it by his contract. Another reason was added, that as the lessee is to have the advantage of casual profits, he must run... | |
 | 1847 - 650 pages
...party by hie own contract creates a duty or charge on himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Pattfson, 3. The defendant clearly does not come within the exception contained in the bill of lading.... | |
 | Charles Broadbelt Claydon - 1847 - 524 pages
...by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; 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, he will be bound to do so : though it be burned... | |
 | Thomas Platt - 1847 - 928 pages
...(r) The writ of waste was abolished _~ charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract " (z) . Upon this principle, it has been held (a), that if a party covenant to repair under a penalty,... | |
 | Joseph Kinnicut Angell - 1849 - 808 pages
...default in him, and has 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...bound to make it good, notwithstanding any accident or delay, by inevitable necessity, because he might have provided against it. by his contract.4 1 Evans... | |
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... 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. 
