| 1842 - عدد الصفحات: 536
...the lessee, which is no waste. 1 And where a party by his own contract creates a duty or charge on himself, he is bound to make it good notwithstanding any accident by inevitable necessity, or to answer for the breach of it in damages, because he might have provided against it by his contract.... | |
| Alfred Dowling, Vincent Dowling - 1844 - عدد الصفحات: 1158
...from the case of Paradine v. Jane (a), where it was laid down, 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... | |
| Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1845 - عدد الصفحات: 930
...for where a party, by his own contract, creates a duty or charge upon himself, he is bound to nuke it good, notwithstanding any accident by inevitable...he might have provided against it by his contract, and the rent is a duty created by the parties npon the reservation. And another reason is added, that... | |
| Great Britain. Court of King's Bench, Edward Hyde East - 1845 - عدد الصفحات: 586
...Falmouth, in her way out. And Lawrence, J. referred to All. 27, " 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, notwiihstanding any accident by inevitable necessity; because he might have provided against... | |
| Great Britain. Bail Court - 1846 - عدد الصفحات: 1082
...tempest or enemies the gaoler is excused, 33 Hen. 6, c. 1 ; 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... | |
| Charles Abbott (Baron Tenterden) - 1846 - عدد الصفحات: 1088
...rule of law laid down in Paradine v. Jane(e) applies, viz.: '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... | |
| Charles Greenstreet Addison - 1847 - عدد الصفحات: 988
...destroyed by floods, or by any inevitable accident ; (o) for " when the party, by his own contract, creates a duty or charge upon himself, he is bound...he might have provided against it by his contract. And therefore, if the lessee covenant to repair a house, though it be burned down by lightning, or... | |
| Thomas Platt - 1847 - عدد الصفحات: 928
...(r) The writ of waste was abolished _~ charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract " (z) . Upon this principle, it has been held (a), that if a party covenant to repair under a penalty,... | |
| Charles Broadbelt Claydon - 1847 - عدد الصفحات: 524
...by his own contract creates a duty or charge upon himself, he is bound ui make it good, if he may ; notwithstanding any accident by inevitable necessity...he might have provided against it by his contract : and therefore if a lessee covenants to repair a house, he will be bound to do so : though it be burned... | |
| 1847 - عدد الصفحات: 650
...party by hie own contract creates a duty or charge on himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity,...he might have provided against it by his contract. Pattfson, 3. The defendant clearly does not come within the exception contained in the bill of lading.... | |
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