 | Jacob D. Wheeler - Common law - 1835 - 618 pages
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...default in him, and hath no remedy over, he will be excused ; but when, by his own express contract, he creates a duty or charge upon himself, he is bound...make it good, if he may, notwithstanding any accident even by inevitable necessity, because he might have provided against it by his contract. If, therefore,... | |
 | Law - 1842 - 536 pages
...arguendo, 10 East, 530, rage of the wind or tempest without fault in the lessee, which is no waste. 1 And where a party by his own contract creates a duty or charge on himself, he is bound to make it good notwithstanding any accident by inevitable necessity, or to... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 800 pages
...Eq. Jur. § 765-768. (6) This point was expressly determined in Phillips v. Stevens, 16 Mass. 238. Where a party by his own contract, creates a duty or charge upon himself, he is bound, notwithstanding any inevitable accident, to make it good, if he con. Thus a lessee could not be released... | |
 | Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1845 - 586 pages
...embargo of our own government 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...upon himself, he is bound to make it good, if he may, notwiihstanding any accident by inevitable necessity; because he might have provided against it by... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1845 - 930 pages
...term; and it was holden that 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... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...principle on which this rule depends is, that, if a party, by his own contract, creates a duty or a charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; for, if he had chosen to guard against... | |
 | Joseph Story - Bailments - 1846 - 726 pages
...case of waste, if a house be destroyed by tempest, or byenemies, the lessee is excused. But when the party by his own contract creates a duty or charge...it good, if he may, notwithstanding any accident by me vi table necessity ; because he might have provided against it by his contract And, therefore, if... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...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 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 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 it by his contract. 
