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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... "
Reports of Committees: 30th Congress, 1st Session - 48th Congress, 2nd Session - Página 9
por United States. Congress. Senate - 1856
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The American museum, or, Repository of ancient and modern fugitive ..., Volume 2

Mathew Carey - 1789 - 632 páginas
...Kelw.87. It is alfo agreed, that where the aw creates a duty or charge, and th« party is difabled to perform it, without any default in him, and hath no remedy over, there he (hall be ex. -H. As in the cafes of wafte againft tenants in dower, by the counefy, for .life, or...
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A Review of the Laws of the United States of North America, the British ...

1790 - 286 páginas
...278, 286.—Fitzherbert's natura brevium, (wajit) 132, ift edition Kelw. 87. • It is alfo agreed, that where the law creates a duty or charge, and the party is difabled to perform it, without any default in him, and hath no remedy over, there he fiiall be excufed....
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A General Abridgment of Law and Equity: Alphabetically Digested ..., Volume 11

Charles Viner - 1792 - 540 páginas
...for the plaintiff.—— — All. 16. SC adjudged for the plaintiff; and the Court took a difference where the law creates a duty or charge, and the party is diliblcd to perform it without any default in him, and has no retsedy o»cr, there the law will excufe...
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A Digest of the Laws, of England Respecting Real Property, Volume 3

William Cruise - 1804 - 596 páginas
...part of th« land, the fervices were diminimed in proportion to the quantity of land refumed. § 7. Where the law creates a duty or charge, and the party is difablcd to perform it without any default in him, and has no remedy over, there the law will excufe....
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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
...extraordinary flood. Brecknock, AT. Aiiriyatio'n Co. v. Pritc/iard. 6 TR T50 ?. \Ylien the law creates a duty, and the party is 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,...
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An Abridgment of the Law of Nisi Prius ...

William Selwyn - 1812 - 700 páginas
...the reddendo of the rent is an agreement for the payment of the rent, which will make a pveuaut." . Where the law creates a duty or charge*, and the party is disabled from performing it, without any default on his part, and has not any remedy over, the law will excuse...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 3

Great Britain. Court of Common Pleas, Great Britain. Court of Exchequer Chamber, Great Britain. Parliament. House of Lords - 1814 - 696 páginas
...Lawrence in Hadley v. Clarke, appears to me to be founded on much good ferde. The third refolution is, that " where the law creates a duty or charge, and the party is difabled to perform it without any aft in him, and hath no remedy over, there the law will excufe him...
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An Introduction to the Law, Relative to Trials at Nisi Prius

Francis Buller - 1817 - 684 páginas
...Lutw. 358. (cj This case was decided on the authority of Paradine v. Jane, Alleyn, 27, which holds, that where the law creates a duty or charge, and the party is disabled from performing jt without any fault on his part, and he has not any remedy over, the law will excuse...
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Elements of Conveyancing: With Cursory Remarks Upon the Study of ..., Volume 4

Charles Barton - 1821 - 586 páginas
...(to be hereafter noticed) which are implied by operation of law : for when the law creates a 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 duty or charge upon himself,...
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