 | Great Britain. Bail Court - Civil procedure - 1846 - 1082 pages
..." there is a distinction between a duty created by law, and one created by the party. For when the law creates a duty, and the party is disabled to perform...and he has no remedy over, the law will excuse him : as in waste, if a house be destroyed by tempest, or by enemies, the lessee is excused ; so in escape,... | |
 | Charles Broadbelt Claydon - Landlord and tenant - 1847 - 524 pages
...engrafted upon it bj implication, as an excuse for its performance (9). The rule is clear, that, where a party 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 ; because he might... | |
 | Thomas Platt - Leases - 1847 - 928 pages
...created by the act of law and the act of the party ; for " 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 formerly in the case of waste (y), if a house... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...plea was insufficient. 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 ; but when the party by his own contract creates... | |
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...which might happen, if the 1 And see Cayle's case, 8 Co. R. 33. When the law creates a duty or charge and the party is disabled to perform it, without any default in in him, and has no remedy over, then the law will excuse him. But when a party, by his own contract,... | |
 | Joseph Story - Bailments - 1851 - 732 pages
...as in the case of waste, if a house be destroyed by tempest, or by enemies, the lessee is excused. But when the party by his own contract creates a duty or charge upon himself, he is 1 Jones on Bailm. 43, 44, 45. a Doct. and Stud. Dial. 2, ch. 38 ; Ante, ยง 35. 3 2 Ld. Raym. 909, 911,... | |
 | Law - 1851 - 844 pages
...wherewith he kills another." Paradine v. Jane, ( Aleyn. 26,) " When the law creates a duty or charge, if the party is disabled to perform it, without any default in him, and he has a remedy over, the law will excuse him, as in waste, if a house be destroyed by tempest or enemies,... | |
 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...distinction founded in reason and authority, which is, 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, then the law will excuse him ; but when the party, by his own contract, creates... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1852 - 780 pages
...provided against it by his contract :" Paradine v. Jane (a); 2 Wms. Saund., p. 421, a. " For when the law creates " a duty, and the party is disabled to...and he has no remedy over, the law will excuse him." Here the duty, if at all, is one implied by law, and the accident occurring inevitably absolves the... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...ample practical illustration, that impotentia excusat legem ; where 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 in general excuse him.3 enforce any one to do a thing which... | |
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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. 
