 | United States. Supreme Court - 1926 - Страниц: 950
...Jii-ffium, Waste, 183. let. ed. Kelw, 87. It is also agreed, that where the law creates a duty or chnrge, and the party is disabled to perform it without any default in him, and iiMtli no remedy over, there be shall be excused. As in the cases of waste against tenants in dower,... | |
 | 1882 - Страниц: 578
...demurred, and the plea was held insufficient, and there was judgment for plaintiff. The court held that "where the law creates a duty or charge, and...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... | |
 | 1918 - Страниц: 500
...Aleyn (Eng.) 26. It was said he should have provided against this in his contract. But it has been said that : "Where the law creates a duty or charge and...disabled to perform it without any default in him and he hath no remedy over these, the law will excuse him." If, however, he creates a charge upon himself,... | |
 | 1883 - Страниц: 538
...the contract was occasioned by inevitable and unavoidable accident.6 The distinction is that, when the law creates a duty or charge, and the party is...disabled to perform it, without any default in him, arid hath no remedy over, then the law will excuse him ; but, when the party by his own contract creates... | |
 | George Purcell Costigan - 1927 - Страниц: 126
...premises by alien enemies, and his plea was held insufficient. The material resolution of the court was that 'where the law creates a duty or charge, and the party is disabled to perform it, without any fault in him, and hath no remedy over, there the law will excuse him;' but 'when the party by his own... | |
 | 1887 - Страниц: 672
...deliver he is bound by this promise, and the custom becomes inoperative." It is a well settled rule that where the law creates a duty or charge, and the party is disabled from performing it without any fault on his part, then the law will excuse him ; but where the party... | |
 | New Brunswick. Supreme Court - 1882 - Страниц: 672
...into. In Alleyn 27. Paradine v. Jane " when the law creates a duty or charge, and the party is unable to perform 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 upon... | |
 | 1908 - Страниц: 274
...the provisions of Section 20 of the Cattle Trespass Act. And it is a general rule that BYRB GOWDA, where the law creates a duty or charge, and the party...to perform it , without any default in him, . and has no remedy over, the law will in general excuse him. In an English case which was' precisely similar... | |
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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... 
