...•ifa'house'be -destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided...

...it without any default in him, and hath no remedy over, there 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 may, notwithstanding any accident by inevitable necessity, because...

...perform it, without any default in him, and he has no remedy over, the law will excuse him ; but when a 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 it...

...down in Panwline v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against it by his contract.' " Sce...

...J.—Paradine v. Jane, Aleyn 27, seems to show -that the deduction was properly made; for, " when the party by his own contract creates a duty or charge upon himself, he *1931 *' s bo un d to ma k fi 't goo(l, if he may, notwithstanding any acciJ he had made a mistake,...

...structure. " Where a party, by his own contract," said Lord Kenyon, on giving his decision in the case, "creates a duty or charge upon himself, he is bound to make it good if he :iir.v, because he might have guarded against it by his contract." So also, in another old case, the...

...without any default in him, and hath no remedy over, there the law will excuse him." " But when the party by his own contract creates a duty or charge upon himself, he is 1858. bound to tnakc it good, if he may, notwithstanding HAIL &n y accident by inevitable necessity,...

...without any default in him, and hath no remedy over, there the law will excuse him." " But when the party by his own contract creates a duty or charge upon himself, he is (a) 2 F>ake't NPC 103. (6) Aley*, 26. 1858. bound to make it good, if he may, notwithstanding HALL...

...The general doctrine is, as laid down in Paradine v. Juine, Aleyn, 27, cited in 3 Bos. & Pul. 420 : " Where a party, by his own contract, creates a duty...bound to make it good, if he may, notwithstanding any acci^J dent by inevitable necessity, because he might have provided ^C""^ against it by his own contract."...

...without any default in himself, and has no remedy over, then the law will excuse him ; but where the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, notwithstanding any accident or delay by inevitable necessity, because he might have provided against...