| Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...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 liability by his contract : and therefore, if the lessee covenant to repair a house, though it... | |
| William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 (b). Where plaintiff was lessee of a colliery, at the rate of so much per wey, and... | |
| Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...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...necessity ; because he might have provided against it by his contract;" and because, not having so provided, it is to be intended that heundertook against... | |
| Great Britain. Court of Common Pleas, John Bernard Bosanquet, Sir Christopher Puller - Law reports, digests, etc - 1826 - 708 pages
...party by his own contract creates a dnty 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." There f,ir ,i'.:' ii [>' l»lo ,.'-ii ••>' • ." • '.: '' • -'U'i'i ••... | |
| Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...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 against it by his contract." Leer v. Fates, 3 Taunt. Rep. 386. Same v. Cowell, and Same v. Gorst. The plaintiff,... | |
| Thomas Platt - Covenants - 1829 - 720 pages
...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 (£) : therefore, if a lessee covenants to repair, the circumstance of the premises... | |
| Law - 1833 - 560 pages
...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.' This distinction has the countenance of highly respectable authorities. 6 T. R, 750.... | |
| Joseph Story - Bailments - 1832 - 460 pages
...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." This distinction has the countenance of highly respectable authorities.1 But in the... | |
| Law - 1832 - 504 pages
...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." This distinction has the countenance H of highly respectable authorities. l But in... | |
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