 | Judah Philip Benjamin - Sales - 1884 - 646 pages
...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,...he might have provided against it by his contract." Shaw, CJ, in Mill ¿am Foundry t>. Hovey, 21 Pick. 417, 441. 5. The condition of payment on delivery... | |
 | Richard Hallilay - Civil procedure - 1884 - 678 pages
...party by fiis own contract creates a duty or charge upon himself he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided against it in his contract. Hence, where a lessee covenants generally to pay rent he is bound to pay it, though... | |
 | Edward Norman Lewis - Coastwise shipping - 1885 - 568 pages
...by his own contract creates a duty or charge upon himself, he is bound to perform or make it good, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. As recited by Lord Kenyon from Co. Litt. 209 a : "If a man undertakes what he cannot perform, he shall... | |
 | Law reports, digests, etc - 1886 - 844 pages
...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...provided against it by his contract. This distinction is founded in reason and authority: Aleyn,27; Hadley\. Clarke, 8T. E. 259; TheCompany of Proprietors... | |
 | Law reports, digests, etc - 1886 - 878 pages
...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...he might have provided against it by his contract." Although the covenant in the last-mentioned case was ' ' to keep the bridge in complete repair for... | |
 | Law reports, digests, etc - 1886 - 822 pages
...10 East, 533, it is said, has been often recognized in courts of law as u sound one; i. «., "that when the party by his own contract creates a duty...he might have provided against it by his contract." See, also, 1 Yeates, 36, 37. Whether the plaintiff, or any person for him, attended, would make no... | |
 | Law reports, digests, etc - 1913 - 1134 pages
...373: "No rule of law is more firmly established by a long trahi of decisions than this, that where a party, by his own contract, creates a duty or charge...he might have provided against It by his contract. The law will not insert, for the benefit of one of the parties, by construction, an exception which... | |
 | Law reports, digests, etc - 1898 - 1150 pages
...thus: "No rule of law is more firmly established by a long train of decisions than this: that, where a party, by his own contract, creates a duty or charge...he might have provided against it by his contract » » • If, before the building is completed or accepted, it Is destroyed by fire or other casualty,... | |
 | Law reports, digests, etc - 1911 - 1146 pages
...disabled to perform it, 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...necessity, because he might have provided against it.' Hand v. Bnynes, 4 Whart 204, 33 Am. Dec. 54. The first clause In the lease includes the property described... | |
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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 against it by his contract. 
