 | William Cruise - Real property - 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;...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... | |
 | Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...party, 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, because he might have provided against such liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 or charge...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 - Maritime law - 1824 - 680 pages
...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... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...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 - Covenants - 1829 - 720 pages
...GOD. act of God. j ane ( 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 (£) : therefore, if a lessee covenants to repair, the circumstance of the premises being consumed... | |
 | Law - 1833 - 560 pages
...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 a duty or charge...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,... | |
 | Great Britain. Court of Common Pleas, Peregrine Bingham - Law reports, digests, etc - 1832 - 614 pages
...as an excuse for its non-performance. In that case the rule of law laid down in Paradine v. Jane (a) applies, viz. " That where a party by his own contract...rule for a new trial must be refused. Rule refused. (a) Alley ni Rep. »;. SMITH v. WALTON and Another. Jan. 31. T>EPLEVIN for goods. Replevin. Avowry... | |
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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. 
