 | Henry Ballow, John Fonblanque - Equity - 1820 - 492 pages
...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...notwithstanding any accident by inevitable necessity, because he might have provided against such liability by his contract : and therefore, if the lessee... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...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 may, notwithstanding any accident by inevitable necessity ; because he might have provided against... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...house be destroyed by tempest or enemies. 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 by inevitable necessity; as if a tenant covenants to repair, and... | |
 | Thomas Platt - Covenants - 1829 - 720 pages
...recognised in courts of law as a sound one ; ie 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 by inevitable necessity; because he might have provided against it... | |
 | Law - 1833 - 560 pages
...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, he might have provided against... | |
 | Law - 1832 - 504 pages
...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 he might have provided against... | |
 | Joseph Story - Bailments - 1832 - 460 pages
...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 he might have provided against... | |
 | John Bayly Moore, Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1833 - 830 pages
...down in Paradine v. Jane (c) applies — " That, where 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 by inevitable necessity, because he might have provided against it... | |
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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. 
