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" And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. "
Woodfall's Law of Landlord and Tenant - Page 633
by William Woodfall - 1890
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Volume 5

Charles Viner - Law - 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...
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The Law of Landlord and Tenant: Including Leases, Assignments, Tenants in ...

William Woodfall - Landlord and tenant - 1802 - 736 pages
...during the term. The rule is, that when the law creates a duty, and the 6T. R. 751. party is difabled to perform it without any default in him, and he has no remedy over, the law will excufe him : but when the party by his own contraft creates a duty or charge upon himfelf, he is bound...
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A Treatise on the Law of Obligations, Or Contracts, Volume 1

Robert Joseph Pothier - Civil law - 1806 - 712 pages
...referred to in fome of the preceding cafes is, tb-u when the law creates a duly, and the party is difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...down by an extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 1

Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...an extraordinary flood. Brecknock, Xfc. Navigation Си. v. Pritchard. 6 Term Hep. 730. 1 When the law creates a duty, 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...
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...contract. In .•/ // . 27, this distiuctiou is taken :— " Where the law creates a duty or charge, and the party is disabled to 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...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 pages
...they differ from those (to'be hereafter noticed) which are implied by operation of law: for when the law creates a 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 or charge upon himself,...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - Conveyancing - 1821 - 586 pages
...they differ from those (to be hereafter noticed) which are implied by operation of law : for when the law creates a duty, 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 or charge upon himself,...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 4

Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...way of exemplifying them; the substance of &c' which was, that when the law creates a duty or charge, and the party is disabled to perform it without any default in him, and has no remedy over, there the law will excuse him; as in case of waste, if a house be destroyed by...
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A Practical Treatise on the Law of Covenants

Thomas Platt - Covenant - 1829 - 724 pages
...an irresistible wind, will not effect his discharge (c). But where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse him, as in the case of waste, where the house is destroyed...
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