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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. "
The Practice in Courts of Justice in England and the United States - الصفحة 50
بواسطة Conway Robinson - 1855
عرض كامل - لمحة عن هذا الكتاب

Reports of Cases in Law and Equity, Argued and Determined in the ..., المجلد 17

Georgia. Supreme Court - 1856 - عدد الصفحات: 736
...-destroyed by tempest or by enemies, the Jessee is excused. IJut where tjie.party, by his Q wn contract, creates a duty or charge upon himself, he is bound to make it gopd", if he may, notwithstanding any accident by inevitable necessity, because he might have provided...

Practical Treatise on the Law of Landlord and Tenant: With a Full Collection ...

William Woodfall, Samuel Bealey Harrison, Henry Horn - 1856 - عدد الصفحات: 1138
...him, and he has 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 good his contract, notwithstanding any accident by inevitable necessity, because he might have provided...

Reports of Cases Argued and Determined in the English Courts of ..., المجلد 9

Great Britain. Court of Common Pleas - 1857 - عدد الصفحات: 572
...been often recognised in courts of law as a sound one, ie that, " 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...

A Treatise on the Powers and Duties of Justices of the Peace, in the State ...

Alexander Ralston Tiffany - 1859 - عدد الصفحات: 656
...in him, and he has no remedy over, the law will excuse him ; but when a party, by his own contract, creates a duty or 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...

A Treatise on Maritime Law: Including the Law of Shipping; the Law ..., المجلد 1

Theophilus Parsons - 1859 - عدد الصفحات: 846
...down in Panwline v. Jane, Aleyn, 26, applies, namely, ' That when a party by his own contract ereates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any aceident by inevitable necessity, because he might have provided against...

Cases Argued and Determined in the Court of Common Pleas and in ..., المجلد 3

John Scott, Great Britain. Court of Common Pleas - 1859 - عدد الصفحات: 518
...repair. The sum mentioned in this rule is the amount deducted by the VOL. III. N. 6.—9 J dent or inevitable necessity, because he might have provided against it by his contract."] The true answer to this rule, however, is, that the court has no jurisdiction in the matter. The parties,...

Reports of Cases Decided in the Court of Appeals of the State of ..., المجلد 26

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - عدد الصفحات: 664
...him, and he has 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...

Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - عدد الصفحات: 1150
...conducing to it. Martix V. The general rule upon the subject is, that, when a person 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...

Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Thomas Flower Ellis, Colin Blackburn Baron Blackburn, Francis Ellis - 1860 - عدد الصفحات: 1150
...plaintiff conducing to it. The general rule upon the subject is, that, when a person 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...

All the Year Round, المجلد 3

Charles Dickens - 1860 - عدد الصفحات: 638
...structure. " Where a party, by his own contract," said Lord Kenyon, on giving his decision in the case, "creates a duty or charge upon himself, he is bound to make it good if he :iir.v, because he might have guarded against it by his contract." So also, in another old case,...




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