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" But when a 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 or inevitable necessity, because he might have provided against it by his contract. "
Pittsburgh Legal Journal - Página 254
1898
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - 1812 - 736 páginas
...disabled to perform it without any default in him, the law will excitse him : but when the party by hi own contract creates a duty or charge upon himself, he is bound to make il good, notwithstanding aiij accident by inevitable necessity. 6' TR 7 ¿ 1 4. Covenant in a lease...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volumen1

Nicholas Baylies - 1814 - 576 páginas
...party is disabled to perform it U'ithout any default in him, the law will excuse him : but when 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. 6 Term Rep. 751. 5 Covenant in a lease that the...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volumen3

Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 696 páginas
...to perform it without any aft in him, and hath no remedy over, there the law will excufe him ; but where a party by his own contract creates a duty or charge upon himfelf, he is bound to make it good if he may. notwithftanding any accident by inevitable neceffity,...
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A Treatise on Equity: With the Addition of Marginal References and ..., Volumen1

Henry Ballow, John Fonblanque - 1820 - 492 páginas
...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 bound to make it good if he can notwithstanding any accident by inevitable necessity, because he might have provided against such...
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ELEMENTS OF CONVEYANCING

CHARLES BARTON - 1821 - 580 páginas
...party is disabled to perform it without any default in him, the law will excuse him; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volumen4

Charles Barton - 1821 - 586 páginas
...party is disabled to perform it without any default in him, the law will excuse hini ; but, when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, notwithstanding an accident by inevitable necessity. Hence, a lessee, who covenants generally to pay...
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A System of the Shipping and Navigation Laws of Great Britain: And of the ...

Francis Ludlow Holt - 1824 - 680 páginas
...just principles in Paradine v. Jane, (a) " That when the party by his own contract creates a specific duty or charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity ; because he might have provided against it by...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volumen4

Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - 776 páginas
...to perform it, without any act in him, and hath no remedy over, there the law will excuse him; but where a party, by his own contract, creates a duty or charge upon himself, he is bound to make il good if he- may, notwithstanding any accident by inevitable necessity; because he might have provided...
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A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 724 páginas
...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 or charge upon himself, he is bound to make it good, if he can, notwithstanding any accident by inevitable necessity ; because he might have provided against...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volumen6

Jacob D. Wheeler - 1835 - 618 páginas
...if he is disabled from performing it without any fault of his own; yet, when by his own contract, he creates a duty or charge upon himself, he is bound to make it good, notwithstanding any ac • cident by inevitable necessity, because he might have provided against it...
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