 | Isaac Grant Thompson - 1881 - Страниц: 968
...Sauuder's Reports, 2 Saund. 69; Walton v. Waterhouse, id. 422, note 2. " When the law creates adnty, and the party is disabled to perform it without any default in him, and he has no remedy over, the law will excuse it, as in waste, if a house be destroyed by tempest or by... | |
 | 1882 - Страниц: 862
...any accident by inevitable necessity, because he might have provided against it by his contract ; but where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him " — Paradme v. Jane (2). Moreover, section 43 of the general Act, 1847, which fixes a penalty for... | |
 | 1882 - Страниц: 772
...any accident by inevitable necessity, because he might have provided against it by his contract, but where the law creates a duty or charge and the party...hath no remedy over, there the law will excuse him " : Paradine v. Jane. (I) Moreover, s. 43 of the General Act of 1847, which fixes a penalty for the... | |
 | 1883 - Страниц: 802
...nd impossUnUa (the law docs not compel a man to do that which he cannot possibly perform). A\ here the law creates a duty or charge, and the party is disabled to perform it without any default of his own, and has no remedy over, the law will in general excuse him. Common carriers, in accordance... | |
 | Richard Hallilay - 1884 - Страниц: 678
...after the premises have been accidentally burnt. A.—The rule is, that 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 ; but when the party by fiis own contract creates a... | |
 | 1885 - Страниц: 906
...12 Wend., 452; 6 Cow., 625; 19 Johns., 71; 6 Term R, 760. There is a distinction between the cases where the law creates a duty or charge, and the party is disabled to perform, without any default in him, and hath no remedy over — there the law will excuse him; but where the... | |
 | 1886 - Страниц: 774
...Law, pp. 158,278, 286; Fitzherbert's Natura Brevium, Waste, 132, 1st ed.; Kelw. 87. It is also agreed, that where the law creates a duty or charge, and the...any default in him, and hath no remedy over, there he shall be excused. As in the case of waste against tenants in dower, by the courtesy, for life or... | |
 | 1911 - Страниц: 1146
...would be no question of defendant's liability for the property embraced in this clause, for 'when a law creates a duty or charge, and the party Is disabled...without any default in him, and hath no remedy over, then the law will excuse ; but when the party by his own contract creates a duty or charge upon himself,... | |
 | 1886 - Страниц: 844
...failure to perform the contract? It is very clear that it would not. When the law creates a duty to charge, and the party is disabled 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... | |
 | 1921 - Страниц: 958
...performance impossible. The old and oft-cited case of Paradine v. Jane, Aleyn, 26, states the principle thus: "Where the law creates a duty or charge and the party is disabled to perform it without any fault in him the law will excuse him; but where the party by his own contract creates a duty or charge... | |
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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... 
