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" ... 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. "
Atlantic Reporter - Página 245
1911
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A General Abridgement of Law and Equity: Alphabetically Digested ..., Volume 5

Charles Viner - 1792 - 704 páginas
...thrown down by enemies* yet he muft repair it; for hemuft «' i_ i L i • -n './' f p.iir m conwhen the party by his own contract creates a duty or charge upon tenicn: himfelf, he is bound to malteit good if he can, notwithstanding any time; and accident * by...
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A Treatise on the Law of Obligations, Or Contracts, Volume 1

Robert Joseph Pothier - 1806 - 712 páginas
...difabled to perform it, without any default in him, and he has no remedy over, the law will excufe him ; but when the party, by his own contract, creates a duty or chaige upon himfelf, he is bound to make it good if he may, notwithftanding any accident by inevitable...
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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 ..., Volume 1

Nicholas Baylies - 1814 - 576 páginas
...duty, and the 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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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - 1817 - 708 páginas
...to perform 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 himeelf, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...
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A Digest of the Laws of England Respecting Real Property, Volume 3

William Cruise - 1818 - 540 páginas
...when the party, by his own contract, creates a charge or duty on himself, he is bound to make it good, notwithstanding any accident by inevitable necessity; because he might have provided against it by his contract. 8. In consequence of this principle, it was resolved, Padine v. that a lessee for...
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A Treatise on Equity: With the Addition of Marginal References and ..., Volume 1

Henry Ballow, John Fonblanque - 1820 - 492 páginas
...as in the 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...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: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - 1821 - 586 páginas
...duty, and the 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...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

CHARLES BARTON - 1821 - 580 páginas
...duty, and the 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...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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The Law of Landlord and Tenant: To which is Added an Appendix of Precedents

William Woodfall - 1822 - 722 páginas
...disabled to 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...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...
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