 | Sir William Reynell Anson - 1895 - عدد الصفحات: 434
...should have come. But the Court held that this -was no excuse ; ' and this difference wns taken, that where the law creates a duty or charge and the party...perform it without any default in him, and hath no is applicable on'y if there be clay.' The cases arc indistinguishable, and the conflict of judicial... | |
 | 1896 - عدد الصفحات: 590
...him and kept him out of possession. This was held insufficient. " And this difference was taken, that where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ; . . . but when the party by his own contract creates duty or charge upon himself, he is bound to... | |
 | John Frederic Clerk, William Harry Barber Lindsell, Thomas Hollis Walker - 1896 - عدد الصفحات: 824
...is no remedy over against them. In the leading case on this subject it is laid down generally that " where the law creates a duty or charge, and the party...it without any default in him, and hath no remedy o»er, there the law will excuse him " (e). For acts of war committed by the subjects of a state at... | |
 | New York (State). Courts - 1897 - عدد الصفحات: 900
...so, the court, delivering itsopinion, through Judge Edwards, said: " It is a well-settled rule, that where the law creates a duty or charge, and the party is disabled from performing it without any default in himself, and has no remedy over, then the law will excuse... | |
 | William Albert Keener - 1898 - عدد الصفحات: 984
...alien enemies, and his plea was held insufficient. The material resolution of the Court was, that " where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him ;" but " when the party by his own 1 3 M. & S. 267. ' Aleyn, 26. contract creates a duty or charge... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - عدد الصفحات: 1208
...impossible by the law, the promisor is released. l Duty Imposed by Law. — It is a well-settled rule that where the law creates a duty or charge and the party is disabled from performance without fault of his own, and has no remedy over, then the law will excuse him.* Act... | |
 | Sir Howard Warburton Elphinstone - 1900 - عدد الصفحات: 612
...personal remedy against the lessee is of additional use, for the following reason : " Where the lawcreates a duty or charge, and the party is disabled to perform...hath no remedy over, there the law will excuse him. As in the case of waste, if the house be destroyed by tempest or by enemies, the lessee is excused.... | |
 | Sir Howard Warburton Elphinstone, Gilbert Harrison John Hurst, Lancelot Henry Elphinstone - 1906 - عدد الصفحات: 672
...covenant. The personal remedy against the lessee is of additional use, for the following reason : " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if the house be destroyed by tempest or by enemies, the lessee is excused.... | |
 | Sir Howard Warburton Elphinstone, Gilbert Harrison John Hurst, Lancelot Henry Elphinstone - 1906 - عدد الصفحات: 676
...covenant. The personal remedy against the lessee is of additional use, for the following reason : " Where the law creates a duty or charge, and the party...hath no remedy over, there the law will excuse him. As in the case of waste, if the house be destroyed by tempest or by enemies, the lessee is excused.... | |
 | Thomas Johnson Michie - 1907 - عدد الصفحات: 888
...charge upon himself which he is bound to make Rood even against inevitable accident. Where, however, the law creates a duty or charge, and the party is disabled from performing it, without his fault, a different rule prevails. White v. Stewart, 76 Va. 546, 564.... | |
| |
... 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... 
