 | 1832 - Страниц: 504
...; 2 Saund. 422, note by Williams (2) ; 6 TR 750. 148 Law of Bailments. [Jan. tinction is taken : " Where the law creates a duty or charge, and the party...disabled to perform it 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... | |
 | Joseph Story - 1832 - Страниц: 460
...out the different reasonings, on which they proceed. In Aleyne's R. 27, this distinction is taken : " Where the law creates a duty or charge, and the party...disabled to perform it 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... | |
 | Pennsylvania. Supreme Court, Thomas Isaac Wharton - 1889 - Страниц: 648
...a defence to a suit for failure to perform the contract ? It is very clear that it would not. When the law creates a duty or charge, and the party is...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... | |
 | Great Britain. Court of Common Pleas, Thomas James Arnold - 1840 - Страниц: 706
...Paradine v. Jane (j), cited by Laicrence, Justice, in Hadley v. Clarke, this distinction b taken, " when the law creates a duty or charge, and the party is...but when the party by his own contract, creates a dutv or charge upon himself, he is bound to make it good if he may, notKithstanding any accident by... | |
 | Great Britain. Court of Common Pleas, James Manning, Thomas Colpitts Granger - 1844 - Страниц: 1274
...the whole army had been alien enemies, yet he ought to pay his rent And this difference was taken, that where the law creates a duty or charge, and the...hath no remedy over, there the law will excuse him. As in the case of waste, if a house be destroyed by tempest or by enemies, the lessee is excused ;... | |
 | Archibald John Stephens - 1842 - Страниц: 1072
...landlord for a moiety of the expense of rebuilding such party wall. (1) " Where the law creates a duty, and the party is disabled to 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... | |
 | Great Britain. Bail Court - 1846 - Страниц: 1082
...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 it without any default in him, and he has no remedy over, the law will excuse him : as in waste, if a house be destroyed by tempest, or... | |
 | Thomas Platt - 1847 - Страниц: 928
...founded on a distinction between a duty created by the act of law and the act of the party ; for " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ;" as formerly in the case of waste (y), if a house were destroyed by tempest, or by enemies, the lessee... | |
 | Charles Greenstreet Addison - 1849 - Страниц: 686
...term, " it was resolved that the matter of the plea was insufficient." And this difference was taken, that where the law creates a duty or charge, and the...remedy over there, the law will excuse him ; but when (u) Hoe v. liell, 5 TR 472. Jtichanlton. v. .!., Coe v. Clay, 3 M. & P. 59 ; 5 Bing. 469, sc GKfford,... | |
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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... 
