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 2541898Vista completa - Acerca de este libro
| United States. Supreme Court - 1884 - 862 páginas
...without default on the part of the officers of the ship. The court affirm the rule, that when a parly by his own contract, creates a d-uty or charge upon himself, he is bound to make it good, if he may, nothwithstanding any accident by in evitable necessity, because he might have provided against it by... | |
| Judah Philip Benjamin - 1884 - 646 páginas
...disabled from performing it, without any default of his own, 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, because he might have provided against it by... | |
| Sir William Reynell Anson - 1884 - 456 páginas
...enemies, the lessee is excused. . . . But when a party by his own contract creates a duty or charge vjion 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. And therefore if... | |
| Richard Hallilay - 1884 - 678 páginas
...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 duty or charge upon himself he is bound to make good his contract, notwithstanding any accident by inevitable necessity, because he might have provided... | |
| 1884 - 1030 páginas
...so in escape, if a prison be destroyed by tempest or enemies, the gaoler is excused. But where the party by his own contract creates a duty or charge upon himself, 104 he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because... | |
| 1885 - 906 páginas
...interfere. Tait v. New York Life Ins. Co., 1 Flip., 917. g 1429. By accident or inevitable necessity.— Where a party by his own contract creates a duty or...make it good if he may, notwithstanding any accident or inevitable necessity, because he might have provided against it by the contract. West r. Steamer... | |
| 1895 - 1166 páginas
...performance impossible, but simply made it more expensive; and no principle Is better settled than that, where a party by his own contract creates a...charge upon himself, he Is bound to make it good, no matter what the cost or difficulty, if performance be not absolutely Impossible. Walton v. Waterhouse,... | |
| 1921 - 958 páginas
...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 upon himself he is bound to make it necessity, because he might have provided against it by his contract." See 9 Cyc. 628. "When a party... | |
| 1887 - 844 páginas
...completion, the owner may recover back the installments he has paid. The court, in its opinion, says: " No rule of law is more firmly established by a long...charge upon himself, he is bound to make it good, notwithstanding any accident by inevitable necessity, because he might have provided against it by... | |
| 1902 - 1270 páginas
...under the undisputed facts, the Judgment as to League should be aflirmed. It seems to be well settled that where a party, by his own contract creates a...Is bound to make It good If he may, notwithstanding Inevitable accidents, because he might If he chose have provided against It In his contract So, one... | |
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