| Law reports, digests, etc - 1884 - 632 pages
...in Courts of law as a sound one — that is, that when the party by his own contract creates a dnty or charge upon himself, he is bound to make it good...he might have provided against it by his contract." See also Spence v. Chodwlck (17) and Lloyd v. G,iiberl (7). If inevitable necessity occurring in this... | |
| Law reports, digests, etc - 1884 - 1030 pages
...gaoler is excused. But where the party by his own contract creates a duty or charge upon himself, 104 he is bound to make it good, if he may, notwithstanding...he might have provided against it by his contract." It is contended that the bond in this case has the effect of such a special contract, and several cases... | |
| Judah Philip Benjamin - Sales - 1884 - 646 pages
...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,...he might have provided against it by his contract." Shaw, CJ, in Mill żam Foundry t>. Hovey, 21 Pick. 417, 441. 5. The condition of payment on delivery... | |
| Richard Hallilay - Civil procedure - 1884 - 680 pages
...party by fiis own contract creates a duty or charge upon himself he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Hence, where a lessee covenants generally to pay rent he is bound to pay it, though... | |
| Edward Norman Lewis - Coastwise shipping - 1885 - 570 pages
...by his own contract creates a duty or charge upon himself, he is bound to perform or make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. As recited by Lord Kenyon from Co. Litt. 209 a : "If a man undertakes what he cannot perform, he shall... | |
| Law reports, digests, etc - 1898 - 1148 pages
...thus: "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...he might have provided against it by his contract » » • If, before the building is completed or accepted, it Is destroyed by fire or other casualty,... | |
| Law reports, digests, etc - 1913 - 1134 pages
...373: "No rule of law is more firmly established by a long trahi of decisions than this, that where a party, by his own contract, creates a duty or charge...he might have provided against It by his contract. The law will not insert, for the benefit of one of the parties, by construction, an exception which... | |
| Law reports, digests, etc - 1886 - 844 pages
...it, 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...he might have provided against it by his contract. This distinction is founded in reason and authority: Aleyn,27; Hadley\. Clarke, 8T. E. 259; TheCompany... | |
| Law reports, digests, etc - 1911 - 1146 pages
...perform it, without any default in him, and hath no remedy over, then the law will excuse ; but when the party by his own contract creates a duty or charge...necessity, because he might have provided against it.' Hand v. Bnynes, 4 Whart 204, 33 Am. Dec. 54. The first clause In the lease includes the property described... | |
| Joel Prentiss Bishop - Contracts - 1887 - 824 pages
...There are multitudes of cases in which the judges have said that, to quote from an old one,5 " when the party by his own contract creates a duty or charge...necessity, because he might have provided against it by his contract."6 And this observation is not unfrequently applied even where the impediment came from the... | |
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